LAW  LIB 

KGF 

13924.51910 

A7 
1910 
COPY  2 


1867 

ELBERT  H.  GARY 

LIBRARY  OF  LAW 


TRANSLATION 


or  THE 


MINING  LAW  OF 
MEXICO^ 


•  / 


BY 

ROBERT  JOSEPH  KERR 

OP  THE  CHICAGO  BAR 

AUTHOR  OF  "A  HANDBOOK  OF  MEXICAN  LAW" 


Library  of 
Northwestern  University  Law  Schoc 


CHICAGO 
PAN  AMERICAN  LAW  BOOK  COMPANY 

(NOT  INCOBPORATXD) 

1910 


COPYRIGHT    1O1O 

•v 
ROBERT    JOSEPH     KERR 


El  tutor.  Robert  Joseph  Kerr,  goza  do  la  propiedad  literaria 
de  esta  obra.  publlcada  en  Enero,  1910.  por  baber  hecho  el 
depoaito  de  ejemplares  que  previene  la  ley  Mezicana. 


PREFACE. 


In  pursuance  of  an  announcement  made  nearly  two  years  ago 
the  Mexican  Government  has  finally  passed  a  new  mining  law 
which  went  into  effect  January  1,  1910.  The  fundamental  prin- 
ciples of  prior  legislation  remain  unchanged,  but  the  new  law 
covers  specifically  a  number  of  important  matters  that  have  de- 
veloped since  the  law  of  1892  was  enacted  and  which  have  been 
from  time  to  time  more  or  less  satisfactorily  covered  by  the  exec- 
utive decrees  which  have  been  issued  since  the  promulgation  of 
the  old  law. 

Some  very  important  innovations  are  also  introduced,  notably 
the  transfer  of  many  suits  involving  mining  titles  and  contracts 
from  the  state  to  the  federal  courts.  This  change,  while  new, 
is  in  harmony  with  prior  legislation  and  will  undoubtedly  result 
in  greater  uniformity  and  security  and  will  be  of  great  benefit 
to  mining  men  by  making  a  familiarity  with  local  state  laws  and 
procedure  unnecessary.  Even  those  matters  still  left  within  the 
jurisdiction  of  the  state  courts  are  removed  from  the  operation 
of  state  laws  and  subjected  to  the  provisions  of  the  Civil  Code 
of  the  Federal  District  and  of  the  Commercial  Code. 

Another  important  feature  of  the  new  law  is  the  extension  of 
the  right  of  expropriation,  heretofore  given  to  the  owner  of  a 
mining  property,  to  include  the  right  to  secure  land  for  transpor- 
tation and  electrical  transmission  lines  that  may  be  needed  in 
the  conduct  of  his  mining  operations.  Certain  schemes  for  evad- 
ing the  strict  operation  of  the  old  law  are  prevented  in  the  new 
by  stringent  provisions  regarding  the  reservation  of  mineral 
zones  for  exploration,  the  amendment  of  proceedings  and  the  dil- 
igence to  be  observed  in  obtaining  a  final  decision  on  each  de- 
nouncement, all  of  which  provisions  benefit  the  mining  operator 

iii 


iy  PREFACE 

who  means  business  at  the  same  time  that  they  prevent  the  tying 
up  of  large  areas  supposed  to  contain  mineral  without  actual 
work  being  done  on  them  and  without  a  complete  compliance  with 
the  law. 

In  short,  the  Government  of  Mexico,  by  perfecting  and  extend- 
ing the  old  law,  has  retained  the  confidence  of  the  mining  world 
and  has  laid  the  foundation  for  an  era  of  safe  and  successful  de- 
velopment of  the  mineral  wealth  of  the  country  that  will,  within 
a  very  few  years,  without  doubt  result  in  the  investment  of  a  very 
large  amount  of  capital  to  the  mutual  advantage  of  the  country 
and  the  men  whose  money  is  thus  invested. 

ROBERT  JOSEPH  KERB. 

Chicago,  January  3,  1910, 


TABLE  OF  CONTENTS 


MINING  LAW  OF  MEXICO 1 

Chapter  I.           Of  Mining  Ownership  and  its  Conditions       .        .  1 

Chapter  II.         Acquisition  and  Loss  of  Ownership  of  Mines        .  3 
Chapter  III.       Reduction  in  the  Number  of  Pertenencias  covered 
by  Titles.    Rectification  of  the  Location  of  Per- 
tenencias.   Rectification  of  Titles.    Subdivision 

of  Mining  Properties             .           .           .        .  11 

Chapter  IV.        Legal  Easements           .           .           .           .        .  12 

Chapter  V.          Mining  Contracts.    Recording            .           .        .  16 

Chapter  VI.         Expropriation    .            .            .            .            .        .  18 

Chapter  VII.      Penal  Provisions            .           .           .           .        .  20 

Chapter  VIII.    Suits  at  Law       .           .           .           .           .        .  23 

Chapter  IX.        Sundry  Provisions          .            .            .            .        .  25 

,  30 


Transitory  Articles 


REGULATIONS 
Chapter  I. 
Chapter  II. 
Chapter  III. 
Chapter  IV. 


Mining  Agents    ...... 

Denouncements  of  Mining  Properties 

Objections  .  .  .  .  .        . 

Petitions  for  the  Reduction  of  Denouncements,  the 
Rectification,  Reduction  and  Subdivision  of 
Mining  Properties,  the  Establishment  of  Ease- 
ments, the  Authorization  of  Mediums  of  Trans- 
portation, Explorations,  Expropriation  and 
Permits  to  Foreigners  .  .  .  . 


SCHEDULE  OF  FEES  TO  AGENTS 


CHRONOLOGICAL  OUTLINE  OF  MINING  PROCEEDINGS  AND 
GENERAL  PROVISIONS  .... 

Mining  Agencies  and  Agents       ..... 

Explorations          ....... 

Denouncements  ..... 


I. 

II. 
III. 
IV. 
V. 
VI. 
VII. 
VIII 
IX. 
X. 
XI. 
XII. 
XIII 
INDEX 


Objections  .... 
Determination  of  Objections  by  Courts 
Incidents  of  Ownership  of  Mines 
Expropriation       . 
Easements  . 

Reduction  of  Pertenencias.         .  , 

Rectification  of  Mining  Properties 
Subdivision  of  Mining  Properties  < 

Permits  to  Foreigners       .  .  . 

Foreign  Corporations 


33 
33 
36 
43 


45 


.  50 


53 
53 
53 
53 
55 
55 
55 
56 
56 
56 
56 
56 
56 
56 
57 


MINING  LAW  OF  MEXICO. 


CHAPTER  I. 
OP  MINING  OWNERSHIP  AND  ITS  CONDITIONS. 

Art.  1.    The  following  belong  directly  to  the  nation  and  are 
subject  to  the  provisions  of  this  law : 

I.  The  products  of  all  the  inorganic  substances  which,  oc- 

curring in  either  vertical  or  horizontal  veins  or  in 
masses  of  whatever  form,  make  up  deposits  whose  com- 
position is  distinct  from  that  of  the  rocks  of  the  earth, 
such  as  deposits  of  gold,  platinum,  silver,  copper,  iron, 
cobalt,  nickel,  manganese,  lead,  mercury,  tin,  chro- 
mium, antimony,  zinc  and  bismuth;  deposits  of  sul- 
phur, arsenic  and  tellurium;  deposits  of  rock  salt  and 
of  precious  stones. 

II.  Placers  of  gold  and  of  platinum.1 

Art.  2.  The  following  belong  exclusively  to  the  owner  of  the 
soil: 

I.  The  products  or  deposits  of  combustible  minerals  of  all 

forms  and  varieties. 

II.  The  products  or  deposits  of  bituminous  materials. 

III.  The  products  or  deposits  of  salts  which  are  collected  on 

the  surface. 

IV.  The  springs  of  surface  and  subterranean  waters,  subject 

to  the  provisions  of  the  common  law  and  of  the  spe- 
cial laws  regarding  waters  and  without  prejudice  to 
the  provisions  of  Article  9. 

V.  The  rocks  of  the  earth  and  the  materials  of  the  soil  such 

as  slate,  porphyry,  basalt  and  calcium  carbonate  and 
soils,  sands  and  clays. 

VI.  Bog  and  float  iron  ore,  placer  tin  and  ochres. 

Art.  3.  The  provisions  of  the  Civil  Code  of  the  Federal  Dis- 
trict relative  to  ownership  and  its  various  subdivisions  are  ap- 
plicable to  the  system  of  ownership  of  mining  property  as  to 
everything  not  specifically  covered  by  this  Law.2 

1  See  Articles  7,  70,  102. 

2  Articles  729  to  821  of  the  Civil  Code  of  the  Federal  District.    See 
Handbook  of  Mexican  Law,  pages  26  and  27. 

1 


2  MINING  LAW  OF  MEXICO 

Art.  4.  The  unit  of  mining  ownership  is  called  a  pertenencia8 
and  is  a  solid  body  of  indefinite  depth,  limited  to  the  land  in- 
cluded within  the  four  vertical  planes  bounding  the  projection  of 
a  horizontal  square  one  hundred  meters  on  a  side.  The  mining 
pertenencia  is  indivisible  as  to  all  acts  and  contracts  which  affect 
its  ownership. 

Art.  5.  A  mining  property*  is  understood  to  be  the  pertenen- 
cia or  collection  of  contiguous  pertenencias  included  in  a  primor- 
dial title  or  in  a  document  transferring  the  ownership  derived 
from  such  primordial  title. 

Art.  6.  Whenever,  in  locating  a  mining  property,  it  is  not  pos- 
sible by  reason  of  the  mining  boundaries  to  reduce  it  to  complete 
pertenencias,  the  unreducible  portion  shall  be  called  a  demasia5 
and  it  will  be  understood  for  all  legal  purposes  to  be  composed  of 
as  many  pertenencias  as  there  are  hectaras  comprised  in  its  hori- 
zontal projection  and  the  fraction  of  a  hectara  which  may  be  left 
over  shall  be  considered  as  one  more  pertenencia. 

Whenever  the  unreducible  portion  is  less  in  its  horizontal 
projection  than  one  hectara  it  shall  likewise  be  called  a  demasia 
and  shall  be  considered  for  all  legal  purposes  as  one  pertenencia. 

The  Regulations8  shall  determine  the  form  and  terms  in  which 
pertenencias  and  demasias  shall  be  located.7 

Art.  7.  The  owner  of  a  mining  property  has  the  right  to  ex- 
tract and  use  all  the  substances  referred  to  in  Article  1  which 

3  This  word  is  so  universally  used  as  a  technical  mining  term  that 
it  will  hereafter  be  treated  as  an  English  word.  Its  horizontal  section 
exactly  equals  a  horizontal  hectara  and  is  equivalent  to  2.47104  acres. 

*  The  term  used  in  the  original  is  fundo  minero.  A  distinction  is 
made,  and  clearly  adhered  to  throughout  the  law,  between  pertenencia 
and  fundo  minero.  The  two  terms  are  clearly  denned  in  Articles  4 
and  5.  The  latter  refers  only  to  properties  on  which  the  final  title  has 
been  issued.  Until  the  title  is  actually  issued  the  location  is  known 
as  pertenencias  under  denouncement. 

5  The  literal  translation  of  this  word  is  "excess,"  but  it  is  so  gener- 
ally used  as  denned  above,  under  the  mining  law  and  practice  of 
Mexico,  that  it  seems  desirable  to  retain  the  original  word. 

« These  are  adopted  by  the  Department  of  Fomento,  the  executive 
department  having  jurisdiction  over  mines.  The  complete  name  of 
this  department  is  Becretaria  de  Fomento,  Colonization  6  Industria. 
The  nearest  equivalent  of  fomento  that  we  have  in  English  is  "develop- 
ment," but  as  the  department  is  almost  universally  referred  to  as  the 
"Department  of  Fomento"  that  name  is  used  throughout  this  trans- 
lation. See  page  33. 

i  See  Articles  11  to  61;  Regulations  13  to  36. 


MINING  LAW  OF  MEXICO  3 

may  be  encountered  on  the  surface  or  in  the  sub-soil  of  his 
property. 

Art.  8.  Mining  operations  may  not  be  extended  beyond  the 
limits  of  a  mining  property  according  to  the  title  thereof  even 
when  the  property  is  bounded  by  unlocated  land. 

Art.  9.  The  owner  of  a  mining  property  has  the  right  to  use 
and  enjoy  the  waters  which  flow  in  its  underground  workings 
and  therefore  he  may  take  them  out  and  dispose  of  them  with  all 
the  substances  which  they  contain  in  suspension  or  solution.8 
He  cannot,  however,  claim  any  indemnity  when  such  waters  are 
increased  or  diminished  by  reason  of  the  drainage  of  other  min- 
ing properties. 

Whenever  the  appearance  of  water  in  underground  workings 
results  in  the  decrease  or  total  stoppage  of  water  in  springs  be- 
longing to  other  persons  the  owners  of  such  springs  may  recover 
the  waters  which  belong  to  them  but  without  depriving  the  owner 
of  the  mining  property  of  what  he  may  need  to  carry  on  his  work 
and  without  being  able  to  demand  any  damages  whatever. 

The  transfer  or  loss  of  ownership  of  mining  property  carries 
with  it  the  right  to  use  and  enjoy  the  water  which  is  found  in  or 
.which  flows  into  the  underground  workings. 

Art.  10.  The  mining  industry  is  a  public  utility  and  there- 
fore the  owners  of  mining  property  have  the  right  to  expropriate 
property  in  the  cases  and  under  the  conditions  covered  by  this 
Law. 

CHAPTER  II. 

ACQUISITION  AND  Loss  OP  OWNERSHIP  OF  MINES. 

Art.  11.  The  ownership  of  mines  is  acquired  originally  from 
the  nation  through  a  title  granted  by  the  Executive  Power  acting 
through  the  Department  of  Fomento  after  proper  denouncement 
and  the  fulfillment  of  the  other  requirements  provided  by  this 
Law.9 

Art.  12.  Denouncements  of  mining  pertenencias  will  only  be 
permitted  in  unlocated  ground.  Pertenencias,  titles  to  which 
have  been  granted  or  in  respect-  to  which  a  denouncement  is 
pending,  shall  not  be  considered  as  unlocated  ground. 

Art.  13.  Nor  shall  the  following  be  considered  as  unlocated 
ground  until  after  the  term  of  thirty  days,  counted  from  the  date 
on  which  a  notice  to  that  effect  shall  have  been  posted  on  the  bul- 

s  See  Article  2  Paragraph   IV. 

o  See  Articles  149  and  152;  Regulations  1  to  12. 


4  MINING  LAW  OF  MEXICO 

letin  board  of  the  local  Mining  Agency,  shall  have  transpired, 
to-wit : 

I.  Pertenencias,  title  to  which  may  have  been  declared 

lapsed. 

II.  Pertenencias   as   to   which   a   denouncement   has   been 

finally  disallowed. 

III.  Pertenencias  which  may  be  declared  unlocated  by  the 

Department  of  Fomento  in  conformity  with  this 
Law.10 

Art.  14.  A  denouncement  shall  not  be  allowed  when  the  de- 
nouncer is  in  default  with  respect  to  a  prior  denouncement  cover- 
ing either  the  whole  or  a  part  of  the  mining  property  being  de- 
nounced. This  incapacity  shall  last  one  year  counting  from  the 
date  on  which  such  default  may  have  been  declared. 

Art.  15.  The  denouncement  shall  be  formulated  in  writing 
and  in  duplicate  and  in  it  shall  be  stated  the  name,  age,  occupa- 
tion, nationality,  legal  residence  and  temporary  address  of  the 
T  arty  denouncing,  the  substances  which  are  particularly  intended 
to  be  exploited,  the  number  of  pertenencias,  their  location  on  the 
ground,  together  with  such  data  as  may  serve  to  identify  them, 
the  designation  of  the  adjoining  mineral  properties  when  there 
are  any,  and  the  district  in  which  the  pertenencias  are  situated.11 

Art.  16.  The  person  denouncing  shall  accompany  his  peti- 
tion with  a  certificate  showing  the  deposit  of  the  value  of  the 
stamps  which,  as  provided  by  law,  are  to  be  attached  to  the  min- 
ing title.12 

Art.  17.  The  person  denouncing  shall  designate  approxi- 
mately the  number  of  pertenencias  in  the  following  cases : 

I.  When  in  the  same  denouncement  all  the  boundaries  of 

the  mining  property  are  defined  with  perfect  clearness 
in  such  terms  as  that  it  can  be  easily  identified  on  the 
ground. 

II.  When  the  pertenencias  which  are  denounced  are  entirely 

surrounded  by  mining  properties,  the  titles  to  which 
have  all  been  granted  or  by  pertenencias  which  have 
been  denounced  and  measured.13 

Art.  18.  In  the  cases  mentioned  in  the  preceding  article  if 
the  deposit  made  as  provided  in  Article  16  includes  a  greater 

See  Regulations  7  and  36. 

See  Article  17;  Regulations  13  to  17. 

See  Articles  18,  34  and  36. 

See  Article  18. 


MINING  LAW  OF  MEXICO  5 

amount  of  money  than  that  actually  due,  the  excess  shall  be  re- 
turned to  the  party  denouncing. 

If  the  deposit  is  less,  the  party  denouncing  shall  immediately 
make  up  the  difference,  the  denouncement  being  considered  aban- 
doned if  he  does  not  comply  with  this  obligation. 

Art.  19.  Each  denouncement  shall  comprise  one  single  per- 
tenencia  or  a  collection  of  contiguous  pertenencias.  But  a  de- 
nouncement may  comprise  pertenencias  which  are  not  contiguous 
under  the  following  conditions: 

I.  When,  within  the  perimeter  indicated  by  the  denounce- 

ment, there  are  included  mining  properties,  titles  to 
which  have  already  been  issued  or  pertenencias  which 
have  already  been  denounced. 

II.  When  all  the  pertenencias  denounced  are  located  upon 

the  same  mineral  body  and  are  situated  within  the  dis- 
trict allotted  to  the  same  Mining  Agency. 

Art.  20.  The  denouncement  shall  be  made  in  person  by  the 
party  denouncing  or  by  his  lawful  representative  or  by  an  attor- 
ney in  fact,  who  must  show  his  authority  by  a  public  document 
or  by  a  letter  power  of  attorney.14  In  the  last  case  it  will  be 
necessary  for  the  principal  to  ratify  the  letter  power  of  attorney 
through  the  medium  of  a  public  document  or  declaration  in  court 
within  the  term  of  sixty  days  immediately  following  the  making 
of  the  denouncement.15 

Art.  21.  The  Mining  Agent  shall  receive  the  denouncement, 
note  it  in  his  register  and  endorse  upon  the  register  and  on  the 
original  and  duplicate  of  the  denouncement  the  day  and  hour  of 
the  presentation  of  the  same.18  The  person  denouncing  may  de- 
mand that  these  notations  shall  be  made  in  his  presence.  If,  in 
the  judgment  of  the  Agent,  there  is  not  sufficient  clearness  in  the 
denouncement  he  shall  require  of  the  person  presenting  it  the 
necessary  explanations  and  shall  endorse  these  on  the  original, 
on  the  duplicate  and  on  the  registry  book.  Failure  to  make  such 
explanations  shall  not  constitute  cause  for  refusing  to  register 
the  denouncement.17 

Art.  22.  The  requirements  of  the  preceding  article  shall  be 
observed  even  when  simultaneous  or  successive  denouncements, 

i*A  simple  power  of  attorney  executed  before  two  witnesses.     See 
Handbook  of  Mexican  Law,  page  202.    See  also  Regulations  17. 
is  See  Article  49. 
«  See  Regulations  7  and  8. 
"  See  Article  22. 


6  MINING  LAW  OF  MEXICO 

covering  the  same  pertenencias,  are  involved,  without  prejudice  to 
the  provisions  of  Article  24. 

Art.  23.  Within  the  third  day  after  the  presentation  of  a  de- 
nouncement the  Agent  shall  determine  whether  or  not  it  ought  to 
be  admitted.  In  the  event  of  an  affirmative  decision  he  shall  con- 
tinue  with  the  proceedings  for  issuing  the  title.18  In  the  event  of 
a  negative  decision  he  shall  express  in  writing  the  reason  for  his 
conclusion,  which  shall  be  reviewable  by  the  Department  of  Fo- 
mento  upon  the  petition  of  the  person  denouncing. 

Art.  24.  Whenever  two  or  more  denouncements  presented 
simultaneously  and  referring  to  the  same  pertenencias  have  been 
declared  admissible,  that  one  shall  be  perfected  which  shall  be 
determined  by  lot,  unless  the  ownership  is  determined  by  agree- 
ment between  the  interested  parties.19 

Art.  25.  The  proceedings  shall  include  the  naming  of  an  ex- 
pert to  measure  the  property  and  make  a  map  thereof,  the  publi- 
cation of  an  extract  of  the  denouncement  and  of  notice  that  there 
have  been  presented  to  the  Agency  the  report  of  the  expert  and 
the  objections,  whenever  there  are  any.20 

Art.  26.  Whenever  the  time  provided  for  the  proceedings  for 
perfecting  title  to  the  property  denounced  shall  have  transpired 
without  any  objections  having  been  filed  such  as  would  occnion 
t  e  suspension  of  administrative  proceedings,  the  Mining  Agent 
shall  send  to  the  Department  of  Fomento  a  copy  of  the  proceed- 
ings in  the  state  in  which  they  then  are.21 

Art.  27.  The  Department  of  Fomento  shall  examine  the  pro- 
ceedings and  if  it  should  decide  to  approve  the  same  it  shall  des- 
ignate a  term  within  which  the  proper  monuments  are  to  be  con- 
structed and  those  which  may  have  already  been  constructed  are 
to  be  approved,  giving  notice  thereof  to  the  denouncer.22  When 
the  person  denouncing  has  complied  with  this  requirement  the 
title  shall  be  issued  to  him  and  this  carries  with  it  the  legal  pos- 
session of  the  property  without  any  other  formality  being  re- 
quired.28 If  the  person  denouncing  does  not  put  up  the  monu- 
ments within  the  time  which  may  have  been  indicated  he  shall  be 
declared  in  default.24 


is  See  Article  25;  Regulations  18. 
"See  Article  22;  Regulations  15. 

20  See  Regulations  18,  19,  21  to  36. 

21  See  Regulations  21  and  31. 

22  See  Regulations  32. 

23  See  Articles  151  and  152;  Regulations  34. 
a*  See  Article  52;  Regulations  32. 


MINING  LAW  OF  MEXICO  7 

Art.  28.  The  Department  of  Fomento  shall  disapprove  of  the 
proceedings  whenever  the  denouncement  or  any  of  the  proceed- 
ings are  defective  by  reason  of  an  infraction  of  the  Law  or  of  the 
Regulations  if  such  infraction  is  chargeable  to  the  person  de- 
nouncing. In  such  case  the  approval  of  the  proceedings  operates 
to  place  the  person  denouncing  in  default. 

Art.  29.  If  the  infraction  of  the  Law  or  the  Regulations  is 
not  chargeable  to  the  person  denouncing,  the  Department  of  Fo- 
mento, having  before  it  all  the  proofs  which  may  have  been  pre- 
sented to  it  and  which  may  be  required  in  order  to  give  proper 
judgment,  shall  order  the  amendment  of  the  proceedings  as  to 
those  points  which  may  be  defective. 

Art.  30.  The  Department  of  Fomento  shall  order  that  any  de- 
fects which  there  may  be  in  the  denouncement  or  in  the  proceed- 
ings shall  be  cured  by  whoever  is  responsible  therefor,  when 
such  defects  do  not  constitute  infractions  of  this  Law  or  of  the 
Regulations.  Whenever  the  person  denouncing  shall  not  comply 
with  the  orders  of  the  Department  of  Fomento  he  shall  be  de- 
clared finally  in  default. 

Art.  31.  In  cases  where  an  infraction  of  the  Law  or  of  the 
Regulations  or  defects  in  the  proceedings  are  chargeable  to  the 
Agent  or  to  the  expert,  the  Department  of  Fomento  shall  fix  the 
responsibility  upon  the  one  or  the  other  and  enforce  the  same 
without  prejudice  to  the  rights  of  the  person  denouncing  to  de- 
mand indemnity  for  the  damages  and  losses  which  he  may  suffer 
from  whoever  is  responsible  therefor. 

Art.  32.  The  denouncer  who  shall  fail  to  attend  the  meetings25 
or  observe  the  provisions  of  this  Law  or  of  the  Regulations  shall 
be  declared  permanently  in  default.  The  Department  of  Fomento 
may  excuse  the  default  whenever  the  person  denouncing  shows 
that  it  was  due  to  causes  for  which  he  should  not  be  chargeable. 
In  such  case  the  proceedings  shall  be  ordered  reinstated  so  far  as 
may  be  necessary,  but  the  party  denouncing  shall  not  be  per- 
mitted any  further  excuse  if  he  shall  default  as  to  the  new  meet- 
ing or  as  to  any  step  in  the  proceedings  to  which  he  may  be  cited. 

Art.  33.  The  person  denouncing  who  is  not  in  default  may 
abandon  his  denouncement  at  any  time  before  the  Department  of 
Fomento  takes  final  action  in  the  proceedings. 

Art.  34.  Failure  to  furnish  the  stamps  shall  not  result  in  a 
suspension  of  the  proceedings,  but  the  leaves  of  the  documents 
shall  be  temporarily  legalized  with  the  seal  of  the  Mining  Agency. 


25  See  Regulations  39. 


8  MINING  LAW  OF  MEXICO 

But  the  Department  of  Fomento  shall  require  the  deposit  of  the 
stamps  before  entering  a  final  order  in  the  proceedings.  If  the 
person  denouncing  shall  not  furnish  the  stamps  within  the  term 
which  may  be  fixed  therefor  he  shall  be  declared  finally  in 
default.26 

Art.  35.  Failure  to  pay  the  fees  of  the  Mining  Agent  at  the 
time  fixed  by  the  Regulations"  shall  be  ground  for  declaring  the 
person  denouncing  finally  in  default. 

Art.  36.  In  every  case  where  proceedings  are  discontinued 
voluntarily  or  by  operation  of  the  law  or  when  the  party  de- 
nouncing is  found  in  default,  the  deposit  made  at  the  time  the 
denouncement  is  entered  shall  be  applied  first  to  the  payment 
of  the  stamps  which  may  have  been  left  off  of  the  documents  and 
in  the  second  place  to  the  payment  of  the  fees  of  the  Mining 
Agent,  but  if  the  amount  of  the  deposit  is  not  sufficient  the  per- 
son denouncing  shall  be  compelled  to  pay  the  difference.28 

Art.  37.  The  following  are  grounds  for  opposing  a  denounce- 
ment: 

I.  The  partial  or  total  encroachment  upon  pertenencias,  the 

title  to  which  has  already  been  granted,  which  title  has 
not  been  declared  lapsed. 

II.  A  prior  denouncement  legally  filed  covering  a  part  or  all 

of  the  same  pertenencias.29 

Art.  38.  Any  objection  which  is  founded  upon  any  of  the 
points  covered  by  the  preceding  article  shall  be  formulated  be- 
fore the  Mining  Agent  within  the  term  fixed  by  the  Regula- 
tions.30 

Art.  39.  "Whenever  an  objection  is  filed  a  meeting  shall  be 
called  to  secure  an  agreement  of  the  interested  parties,  the  steps 
prescribed  by  the  Regulations31  being  followed.  If  the  parties  are 
unable  to  agree  they  shall  be  notified  at  said  meeting  that  they 
may  have  the  objections  determined  by  administrative  or  judicial 
action  at  their  option. 

Art.  40.  If  the  parties  do  not  exercise  their  option  at  once  in 
favor  of  administrative  action  the  proceedings  for  the  issuance  of 
the  title  shall  be  suspended  and  all  the  documents  shall  be  sent 

2«  See  Article  16. 

zf  See  Article  150;  Regulations  12;   Schedule  1  to  14,  page  50. 

2«  See  Article  16  and  136. 

"See  Articles  43  and  115;  Regulations  37,  41  and  43. 

»o  See  Regulations  21,  23,  31,  37,  42  and  44. 

si  See  Regulations  38,  39,  40,  42  and  44. 


MINING  LAW  OF  MEXICO 

within  forty-eight  hours  to  the  judicial  authority  of  the  district 
in  order  that  proper  judicial  proceedings  may  be  instituted  in  ac- 
cordance with  the  provisions  of  Chapter  VIII  of  this  law.82 

Art.  41.  In  case  that  the  parties  exercise  their  option  in  favor 
of  administrative  action  the  proceedings  shall  be  continued  in 
order  that  at  the  proper  time  the  Department  of  Fomento,  hear- 
ing the  party  denouncing  and  the  objector,  may  reach  a  definite 
conclusion  as  to  the  objections  in  accordance  with  the  provisions 
of  the  Regulations.38 

Art.  42.  If  the  parties  exercise  their  option  in  favor  of  ad- 
ministrative action  they  may  not  thereafter  appeal  to  the  courts. 
But  if  they  should  exercise  their  option  in  favor  of  judicial 
action  they  may  thereafter,  provided  a  final  order  has  not  been 
entered  in  court,  submit  the  objections  to  the  decision  of  the  De- 
partment of  Fomento.8* 

Art.  43.  Any  other  objections  to  the  proceedings  than  those 
expressed  in  Article  37  must  be  filed  before  the  Mining  Agent, 
but  will  not  operate  to  suspend  the  proceedings.  The  Depart- 
ment of  Fomento,  when  it  receives  the  papers  for  revision,  will 
examine  the  objections  made  and  determine  whether  or  not  they 
should  be  considered.  In  case  their  decision  is  affirmative  they 
shall  require  proof  of  the  objections  and  shall  render  a  decision 
thereon  in  accordance  with  the  provisions  of  Articles  39  to  42. 
If  the  Department  of  Fomento  disallows  the  objections  the  pro- 
ceedings shall  be  conducted  as  if  no  objections  had  been  made, 
the  rights  of  the  objector  being  preserved.35 

Art.  44.  The  Department  of  Fomento,  upon  revising  the  pro- 
ceedings, shall  take  into  consideration  the  objections  which  may 
be  presented  to  it,  provided  the  objector  shows  that  his  failure  to 
present  objections  to  the  Mining  Agency  is  not  chargeable  to 
him.36 

Art.  45.  The  objector  who  fails  to  attend  the  meeting  for  ad- 
justment of  objections  shall  be  held  finally  in  default.  The  De- 
partment of  Fomento  may  nevertheless  excuse  said  default  when 
the  objector  shows  that  it  was  due  to  causes  which  are  not  prop- 
erly chargeable  to  him.  In  such  case  the  proceedings  shall  be 
ordered  re-established  so  far  as  may  be  necessary  except  that  the 


32  See  Articles  39,  42  and  107  to  123. 

83  See  Regulations  21,  23,  31,  37,  42  and  44. 

34  See  Articles  39,  40  and  43;  Regulations  40  and  41. 

SB  See  Regulations  37  to  41,  43  and  44. 

»«  See  Regulations  44. 


10  MINING  LAW  OF  MEXICO 

objector  will  not  be  permitted  any  excuse  with  regard  to  the  new 
meeting  which  may  be  called.37 

Art.  46.  Petitions  which  have  for  their  object  a  reduction  of 
the  number  of  pertenencias  included  in  the  denouncement  can 
only  be  allowed  within  the  first  forty  days  of  the  proceedings. 
In  no  case  shall  such  petitions  have  the  effect  of  modifying  the 
term  within  which  maps  of  the  property  are  to  be  presented.38 

Art.  47.  Petitions  whose  object  may  be  to  change  a  denounce- 
ment with  the  result  of  increasing  the  number  of  pertenencias 
comprised  therein  will  not  be  permitted.  Any  increase  must  be 
covered  by  a  new  denouncement. 

Art.  48.  The  decisions  of  Mining  Agents  made  in  the  course 
of  the  proceedings  are  reviewable  by  the  Department  of  Fomento 
at  the  petition  of  any  interested  party.39 

Art.  49.  The  final  title  shall  be  issued  in  the  name  of  the  per- 
son  denouncing  without  prejudice  to  the  rights  of  any  third 
party.  In  order  to  secure  the  issuance  of  the  title  in  favor  of  any 
other  person  his  right  to  receive  the  same  must  be  established  by 
a  public  instrument.40 

Art.  50.  The  Department  of  Fomento  may  refuse  to  grant  a 
mining  title  even  when  the  proceedings  have  been  legally  carried 
through,  provided  there  is  some  ground  for  refusing  the  same 
based  upon  some  reason  of  public  utility  recognized  by  the  law 
and  provided  further  that  the  person  denouncing  is  reimbursed 
for  the  legitimate  expenses  which  he  may  have  incurred  in  the 
course  of  the  denouncement.  If  the  reason  for  such  action  shall 
cease  to  exist  the  Department  of  Fomento  shall  make  announce- 
ment to  that  effect,  which  shall  be  published  as  provided  by  the 
Regulations41  to  the  end  that  the  person  denouncing  who  may 
have  been  refused  a  title  may  again  petition  for  the  same  within 
ninety  days.  When  this  period  has  elapsed  without  the  person 
denouncing  having  made  use  of  such  privilege  the  pertenencias 
shall  be  considered  as  unoccupied  land. 

Art.  51.  The  ownership  of  mining  property  shall  lapse  for 
failure  to  pay  the  taxes  as  provided  by  law.42 


37  See  Articles  32  and  39;  Regulations  39. 
ss  See  Regulations  45. 
*»  See  Regulations  11,  19,  31,  40  and  44. 
40 See  Article  20;   Regulations  17  and  34. 

41  See  Regulations  35. 

42  See  Article  145. 


MINING  LAW  OF  MEXICO  11 

CHAPTER  III. 

REDUCTION  IN  THE  NUMBER  OF  PERTENENCIAS  COVERED  BY  TITLES 
— RECTIFICATION  OF  THE  LOCATION  OF  PERTENENCIAS — REC- 
TIFICATION OF  TITLES — SUBDIVISION  OF 
MINING  PROPERTIES. 

Art.  52.  Whenever  it  is  sought  to  reduce  the  number  of  per- 
tenencias  comprising  a  mining  property,  a  petition  for  such  re- 
duction shall  be  presented  to  the  proper  Mining  Agency  accom- 
panied by  the  title  of  said  property.43  The  proceedings  in  this 
case  shall  include  the  making  of  new  maps  and  the  granting  of  a 
new  title,  the  former  one  being  cancelled. 

When  the  new  title  has  been  issued  the  excess  of  land  com- 
prised in  the  first  title  shall  be  declared  unlocated44  and  the  in- 
terested party  shall  be  given  a  certain  time  for  the  establish- 
ment of  new  monuments,  the  provisions  of  Article  27  being  fol- 
lowed.*5 

Art.  53.  A  rectification  of  the  location  on  the  ground  of  per- 
tenencias,  title  to  which  has  been  issued,  may  take  place  with  the 
object  of  correcting  said  location  to  that  designated  in  the  de- 
nouncement and  in  the  title.  It  shall  not  be  necessary  to  issue  a 
new  title  in  order  to  accomplish  such  rectification.46 

Art.  54.  Whenever  the  location  of  pertenencias  as  indicated 
by  the  title  does  not  correspond  to  that  which  was  indicated  in 
the  denouncement  a  rectification  of  the  title  shall  take  place  and 
a  new  title  shall  be  issued,  even  when  the  location  on  the  ground 
is  in  accordance  with  that  indicated  in  the  denouncement.47 

Art.  55.  When  neither  the  location  of  the  pertenencias  on  the 
ground  nor  that  indicated  in  the  title  as  issued  are  in  accordance 
with  the  location  as  indicated  in  the  denouncement  there  must  be 
a  rectification  of  the  location  and  a  new  title  must  be  issued.47 

Art.  56.  The  rectification  referred  to  in  the  three  preceding 
articles  may  be  made  at  the  petition  of  the  owner  of  the  property 
or  of  the  owners  of  adjoining  properties  who  are  interested 
therein  or  on  the  initiative  of  the  Department  of  Fomento.  In 
the  last  case  the  final  judgment  of  the  Department  of  Fomento 
shall  leave  unprejudiced  the  rights  of  the  owner  of  the  mining 

43  See  Regulations  46  and  50. 

44  See  Regulations  36. 

45  See  Regulations  32. 

4«  See  Article  56;  Regulations  47,  48  and  50. 
4TSee  Article  56;  Regulations  48  and  50. 


12  MINING  LAW  OF  MEXICO 

property  and  of  the  owners  of  adjoining  properties  who  may  be- 
lieve themselves  harmed  thereby. 

Art.  57.  In  every  case  where  the  location  of  pertenencias  on 
the  ground  has  to  be  modified  the  Department  of  Fomento  shall 
fix  a  period  for  setting  up  the  proper  monuments,  disobedience  of 
such  order  being  punishable  as  provided  in  Article  101.  Said 
Department  shall  suspend  proceedings  for  the  issuance  of  a  new 
title,  if  they  are  pending,  until  the  monuments  are  duly  estab- 
lished.48 

Art.  58.  The  Department  of  Fomento  at  the  petition  of  the 
owner  of  a  property  may  order  that  the  errors  which  may  exist 
in  a  title  may  be  corrected  by  administrative  action  without 
prejudice  to  the  rights  of  a  third  party,  provided  such  correction 
does  not  affect  the  location  of  the  property.  In  the  latter  case  a 
new  title  must  be  issued,  the  former  being  annulled. 

Art.  59.  Every  rectification  shall  have  for  a  basis  the  data 
which  may  have  been  stated  in  the  denouncement.49 

Art.  60.  In  order  that  a  subdivision  of  a  mining  property  into 
two  or  more  properties  may  have  any  legal  effect  whatsoever  new 
maps  must  be  presented  in  accordance  with  the  provisions  of  the 
Regulations50  and  new  titles  must  be  issued,  the  original  title 
being  cancelled.  Before  issuing  new  titles  the  provisions  of 
Article  57  must  be  complied  with. 

CHAPTER  IV. 
LEGAL,  EASEMENTS. 

Art.  61.  Properties  held  under  the  common  law  shall  sup- 
port legal  easements  of  passage,  drainage,  carriage  of  water,  ven- 
tilation and  transmission  of  electrical  energy  in  favor  of  mining 
properties.61  Mining  properties  are  not  subject  to  other  legal 
easements  than  those  of  drainage  and  ventilation  in  favor  of 
other  mining  properties. 

Art.  62.  The  easement  of  passage,  drainage  and  carriage  of 
water  which  may  be  imposed  upon  properties  owned  under  the 
common  law  in  favor  of  mining  properties  shall  be  governed  by 
the  provisions  of  the  Civil  Code  of  the  Federal  District  with  ref- 
erence to  the  rights  and  obligations  of  the  dominant  and  servient 

«  See  Article  60. 

«  See  Regulations  26. 

eo  See  Regulations  49  and  50. 

si  See  Articles  71,  72,  82,  84  and  109;  Regulations  51. 


MINING  LAW  OF  MEXICO  13 

estates82  without  prejudice  to  the  provisions  of  the  following 
article  governing  the  easement  of  passage.03 

Art.  63.  The  easement  of  passage  shall  include  not  only  the 
right  to  pass  over  properties  owned  under  the  common  law,  but 
also  the  right  of  installing  in  a  permanent  manner  across  said 
properties  cable  transmission  lines  and  other  means  of  transpor- 
tation authorized  by  the  Regulations54,  which  shall  be  destined  ex- 
clusively to  meet  the  needs  of  the  exploitation  of  the  mining  prop- 
erty and  which  shall  establish  communication  between  such  prop- 
erty and  a  public  highway,  railroad  lines  or  reduction  plants. 

The  width  of  the  strip  on  which  the  easement  referred  to  in  the 
preceding  article  shall  be  imposed  shall  not  exceed  ten  meters 
unless  there  is  an  agreement  to  the  contrary. 

Art.  64.  The  easement  of  ventilation  imposed  upon  properties 
owned  under  the  common  law  shall  consist  in  the  right  of  con- 
necting the  underground  workings  of  mining  properties  with  the 
surface  for  the  sole  purpose  of  affording  necessary  ventilation  to 
such  workings. 

Art.  65.  The  easement  of  transmission  of  electrical  energy 
over  properties  owned  under  the  common  law  comprises  the  right 
to  install  aerial  or  subterranean  lines  from  the  point  of  produc- 
tion of  the  electrical  energy  to  the  mining  property  in  which  it  is 
to  be  utilized,  crossing  over  the  intermediate  properties.  It  also 
comprises  the  right  of  passage  not  only  for  the  construction  and 
repair  of  the  lines  installed  but  also  for  their  protection. 

The  principles  and  rules  governing  the  easement  of  passage  are 
applicable  to  the  easement  of  transmission  of  electrical  energy 
so  far  as  the  same  are  compatible  with  the  nature  of  the  latter.85 

Art.  66.  The  easement  of  drainage  imposed  upon  mining 
properties  consists  in  the  right  of  establishing  across  and  upon 
said  properties  shafts  and  subterranean  communications  for  the 
purpose  of  draining  the  workings  of  other  mining  properties. 
This  easement  likewise  includes  the  right  of  using  for  drainage 
of  the  dominant  estate  the  shafts  and  workings  which  are  utilized 
by  the  servient  estate  for  the  same  purpose.56 

Art.  67.     The  exercise  of  the  easement  referred  to  in  the  pre- 


ss Civil  Code,  Articles  942  to  1058;  see  Handbook  of  Mexican  Law, 
pages  33  to  38. 
63  See  Article  63. 
s«  See  Regulations  51  and  52. 
M  See  Articles  62  and  63. 
6«  See  Articles  67  and  70. 


14  MINING  LAW  OF  MEXICO 

ceding  article  does  not  permit  crossing  a  shaft  or  passing  under 
it  with  drainage  shafts  or  workings. 

Art  68.  The  servient  estate  can  use  for  its  own  drainage  the 
same  shafts  and  workings  which  the  dominant  estate  may  have 
opened  for  its  drainage  in  the  exercise  of  its  easement. 

Art.  69.  The  easement  of  ventilation  imposed  upon  mining 
properties  consists  in  the  right  of  establishing  communications 
across  said  properties  for  the  purpose  of  ventilating  other  mining 
properties.  This  easement  also  includes  the  right  of  using  for 
ventilation  the  workings  of  the  servient  estate,  provided  this  use 
is  not  incompatible  with  the  use  for  which  they  were  originally 
constructed.57 

Art.  70.  In  the  use  of  the  easements  of  drainage  and  ventila- 
tion referred  to  in  Articles  66  and  69  the  following  rules  shall  be 
observed : 

I.  While  the  work  of  construction  is  being  carried  on  the 

owner  of  the  servient  estate  shall  be  entitled  to  employ 
an  inspector  for  the  protection  of  his  interests.  He 
shall  also  have  the  right  of  requiring  that  doors  shall 
be  placed  in  those  places  where  the  works  intercept  the 
workings  of  the  servient  estate,  under  the  conditions 
fixed  by  the  Regulations.68 

II.  Whenever  in  carrying  on   the  work  any  of  the  sub- 

stances mentioned  in  Article  1  are  encountered  in 
such  quantities  as  to  pay  for  working,  the  owner  of  the 
dominant  estate  shall  remove  them  to  the  surface  and 
shall  notify  the  Department  of  Fomento  and  the  owner 
of  the  servient  estate.  If  the  latter  does  not  dispose 
of  said  substances  within  the  term  of  sixty  days  from 
the  date  of  said  notice  they  shall  remain  on  the  surface 
at  the  risk  of  the  owner  of  the  servient  estate.69 

III.  Whenever,  in  carrying  on  the  work  on  unoccupied  land, 

any  of  the  substances  mentioned  in  the  preceding  par- 
agraph are  found,  the  owner  of  the  dominant  estate, 
after  giving  notice  to  the  Department  of  Fomento, 
shall  dispose  of  such  as  he  may  have  to  extract  in 
actually  carrying  on  his  work,  but  he  shall  not  under- 
take the  exploitation  of  the^mineral  body  without  ob- 

B7  See  Article  70. 

68  The  police  Regulations  referred  to  in  Articles  124,  125,  130,  133 
and  153  will  govern  these  cases.  Those  regulations  have  not  yet 
been  published. 

s»  See  Article  103. 


MINING  LAW  OF  MEXICO  15 

taining  a  proper  title.  For  this  purpose  he  shall  have 
the  preferential  right  to  make  a  denouncement  for  a 
term  of  thirty  days  from  the  date  of  discovery  of  the 
mineral  body,  and  his  right  shall  cover  a  zone  of  one 
hundred  meters  on  each  side  of  the  center  of  the  shaft. 

IV.  The  right  given  to  the  owner  of  the  servient  estate  in  the 
final  part  of  Paragraph  I  shall  continue  through  all 
the  term  of  the  easement.  He  shall  have  the  same 
right  whenever  he  cuts  with  his  own  workings  the 
works  through  which  an  easement  upon  his  property 
is  being  exercised. 

Art.  71.  The  easements  referred  to  in  this  chapter  may  be 
established  by  any  of  the  following  methods : 

I.  By  consent  of  the  owner  of  the  servient  estate  evidenced 

by  public  instrument.60 

II.  By  determination  of  the  Department  of  Fomento. 

III.  By  judicial  order.61 

Art  72.  In  default  of  obtaining  the  consent  of  the  owner  of 
the  servient  estate,  the  owner  of  the  dominant  estate  shall  apply 
to  the  Department  of  Fomento,  which,  after  hearing  both  parties, 
shall  determine  whether  the  easement  should  be  allowed.  In  the 
event  of  an  affirmative  decision  it  shall  determine  the  use  and 
extent  of  the  easement,  the  material  conditions  surrounding  its 
institution  and  the  indemnity  which  must  be  paid  to  the  owner  of 
the  servient  estate.62 

Art.  73.  The  determination  of  the  Department  of  Fomento 
which  authorizes  the  institution  of  an  easement  shall  be  considered 
final  if  it  is  not  objected  to  within  the  term  of  thirty  days.63 

Art.  74.  If  within  the  term  fixed  by  the  preceding  article  the 
owner  of  the  servient  estate  presents  objections,  the  Department 
of  Fomento  shall  authorize  the  carrying  on  of  the  works  by  which 
the  easement  can  be  exercised,  but  shall  require  the  owner  of  the 
dominant  estate  to  first  give  a  guaranty  for  the  payment  of  the 
damages  and  losses  which  may  be  occasioned  thereby.64 

Art.  75.  The  determination  referred  to  in  the  preceding 
article  shall  be  communicated  to  the  owner  of  the  servient  estate 
who  may  thereupon  institute  an  action  in  court  within  the  term 


so  See  Regulations  7. 

61  See  Article  107. 

62  See  Regulations  51. 
es  See  Article  74. 

e*  See  Article  75. 


16  MINING  LAW  OF  MEXICO 

of  thirty  days.  If  he  does  not  do  this  the  easement  shall  be 
finally  allowed  and  an  order  shall  be  entered  cancelling  the 
guaranty. 

Art.  76.  If  the  Department  of  Fomento  should  determine  that 
the  easement  should  not  be  allowed  or  that  it  should  be  allowed 
on  terms  different  from  those  covered  by  the  petition,  the  party 
asking  the  establishment  of  the  easement  may  seek  it  by  judicial 
action  within  the  term  of  thirty  days,  after  which  he  shall  lose 
his  rights. 

Art.  77.  In  order  to  authorize  the  institution  of  easements  the 
Department  of  Fomento  shall  follow  the  provisions  of  the  Civil 
Code  of  the  Federal  District65  as  to  such  points  as  may  not  be  ex- 
pressly covered  by  this  law.  For  the  institution  of  easements  of 
drainage  and  ventilation  the  Department  of  Fomento  shall  take 
into  consideration  the  advantages  and  inconveniences  of  the  sys- 
tem which  is  proposed,  in  comparison  with  those  of  other  known 
systems. 

Art.  78.  The  extension  of  easements  already  established  shall 
be  governed  by  the  rules  prescribed  herein  for  the  establishment 
of  easements. 

CHAPTER  V. 
MINING  CONTRACTS — RECORDING. 

Art.  79.  The  following  are  considered  mercantile  acts  sub- 
ject to  the  provisions  of  the  Commercial  Code68  so  far  as  they  are 
not  specially  governed  by  the  provisions  of  this  law67 : 

I.  Mining  enterprises. 

II.  Contracts  which  have  for  their  object  the  conveyance  and 

exploitation  of  mines. 

III.  Contracts  which  are  entered  into  with  relation  to  the 

products  of  mines. 

Art.  80.  The  value  which  the  founders  of  a  mining  company 
assign  to  the  properties  or  mining  rights  at  the  time  of  organizing 
such  company  shall  be  considered  as  fully  established  for  all  legal 
purposes. 

Art.  81.  No  mining  contract  shall  be  rescindable  on  account  of 
under  or  over-valuation.68 


•6  See  note  52. 

••  See  Handbook  of  Mexican  Law,  pages  105  and  110. 
•T  See  Article  123. 

«»  The  term  used  in  the  original  Is  Zeston.    See  Handbook  of  Mexican 
Law,  page  56. 


MINING  LAW  OF  MEXICO  17 

Art.  82.  The  offices  of  the  Register  of  Commerce  in  the  states, 
Federal  District  and  territories  shall  keep  a  special  book  in  which 
shall  be  recorded68: 

I.  The  titles  of  mining  properties. 

II.  The  public  documents  and  judicial  and  administrative 

orders  which  transfer  or  affect  the  ownership  of  min- 
ing properties  or  by  virtue  of  which  real  rights  with 
respect  to  the  same  are  established  or  modified. 

III.  The  public  documents  which  contain  an  agreement  to 

convey  mining  properties  or  pertenencias. 7  ° 

IV.  Public  documents  and  judicial  orders  which  affect  the 

exploitation  of  mining  properties. 

Art.  83.  The  recording  referred  to  in  the  foregoing  article 
shall  take  place  in  the  registry  office  of  the  municipality  where 
the  mining  property  is  located. 

Art.  84.  The  documents  establishing  mining  easements  upon 
properties  held  under  common  law  titles  shall  be  recorded  in  such 
recording  offices  as  according  to  the  law  have  jurisdiction  over  the 
servient  estate. 

Art.  85.  The  recording  referred  to  in  Paragraph  III  of 
Article  82  shall  affect  the  rights  of  third  persons  for  whatever 
term  is  fixed  by  the  contract,  provided  it  does  not  exceed  two 
years  counted  from  the  date  of  recording  even  when  a  longer  time 
is  fixed  during  which  the  agreement  is  valid. 

Art.  86.  When  any  document  which  should  be  recorded  is 
presented  at  the  recording  office  within  thirty  days  after  the  date 
on  which  it  was  executed  if  a  public  document,  or  on  which  an 
order  was  entered  if  it  is  a  judicial  order,  the  recording  shall  date 
back  to  the  date  of  the  document.  If  it  is  presented  after  the 
thirty  days  referred  to,  the  recording  will  take  effect  as  of  the 
date  of  presentation  of  the  document. 

The  recording  of  a  public  document  coming  from  a  foreign 
country  shall  be  effective  from  the  date  when  the  certified  copy  of 
the  protocolization  of  such  a  document  is  presented  at  the  proper 
office.71 


«9  See  Article  83 ;   Regulations  7. 

TO  See  Article  85. 

71  See  Handbook  of  Mexican  Law,  pages  176  and  189. 


18  MINING  LAW  OF  MEXICO 

CHAPTER  VI. 

EXPROPRIATION.72 

Art.  87.  The  owner  of  a  mining  property  shall  have  the 
right  of  occupying  such  portion  of  the  surface  land  within  the 
limits  of  his  pertenencias  as  may  be  strictly  needed  for  buildings, 
machinery  and  other  necessities  of  his  mining  work  in  order  to 
utilize  and  exploit  the  substances  brought  to  the  surface  and  also 
for  such  machinery  as  may  be  required  for  the  reduction  of  the 
minerals  which  come  from  his  property  and  from  properties  ad- 
joining it  belonging  to  the  same  owner. 

He  shall  also  have  the  right  to  occupy  both  within  and  with- 
out the  perimeter  of  his  pertenencias,  subject  to  the  provisions 
of  the  Regulations,  such  land  as  may  be  necessary  for  the  estab- 
lishment of  railways  of  a  permanent  character  used  in  the  devel- 
opment of  his  business.73 

Art.  88.  In  the  event  of  his  inability  to  reach  an  agreement 
with  the  owner  of  the  surface  ground  the  owner  of  a  mining 
property  may  appeal  to  the  Department  of  Fomento  to  grant 
him  the  right  of  expropriation.  That  Department,  having  heard 
the  parties,  shall  determine  whether  the  petition  should  or  should 
not  be  granted  and  in  the  event  of  an  affirmative  decision  shall 
fix  the  amount  of  land  which  can  be  expropriated  and  the  indem- 
nity which  the  owner  of  the  mining  property  must  pay.74 

Art.  89.  The  owner  of  a  mining  property  shall  have  the 
right  of  temporarily  occupying  such  portion  of  the  surface  as 
the  Department  of  Fomento  may  indicate,  provided  he  shall  have 
deposited  the  amount  of  the  indemnity  subject  to  the  order  of  the 
person  whose  land  is  taken.  Such  deposit  must  be  made  in  the 
collector's  office  indicated  by  the  Department  of  Fomento. 

Art.  90.  If  the  owner  of  the  surface  ground  should  oppose 
such  taking  of  possession,  the  owner  of  the  mining  property  may 
appeal  to  any  competent  court  for  the  purpose  of  obtaining  im- 
mediate possession  of  the  land  indicated  in  the  finding  of  the 
Department  of  Fomento.75 

Art.  91.  An  administrative  finding  which  decrees  an  expro- 
priation may  be  attacked  in  court  by  the  owner  of  the  surface 
provided  he  notifies  the  Department  of  Fomento  of  his  objections 

72  See  Articles  10,  107  and  118;   Regulations  57. 
«  See  Regulations  51,  52  and  57. 
7<  See  Regulations  57. 
75  See  Article  95. 


MINING  LAW  OF  MEXICO  19 

to  the  finding  and  institutes  his  action  within  the  term  of  thirty 
days.  If  this  period  expires  without  his  having  fulfilled  the  con- 
ditions of  this  article  he  will  be  held  to  have  finally  consented  to 
the  finding  of  the  Department  of  Fomento.76 

Art.  92.  If  the  owner  of  the  surface  has  expressed  himself 
as  satisfied  with  the  administrative  finding  or  has  not  attacked  it 
as  provided  in  the  preceding  article  or  if  said  finding  is  finally 
confirmed  by  judicial  order  the  owner  of  the  mining  property  can 
appeal  to  any  competent  court  asking  that  a  deed  of  adjudication 
he  executed  to  him,  which  will  be  signed  by  the  judge  in  the  event 
that  the  person  whose  land  is  taken  refuses  to  appear  and  sign 
it  within  the  term  which  the  judge,  in  the  exercise  of  his  discre- 
tion, may  indicate.77 

Art.  93.  If  the  judicial  order  modifies  the  terms  in  which  ex- 
propriation has  been  authorized  by  the  Department  of  Fomento 
the  owner  of  the  mining  property  will  have  the  right  given  him 
by  the  preceding  article  whenever  said  order  becomes  final. 

Art.  94.  The  finding  of  the  Department  of  Fomento  to  the 
effect  that  the  petitioner  is  not  entitled  to  exercise  the  right  of 
expropriation  can  be  attacked  judicially  within  the  period  of 
thirty  days.78 

Art.  95.  Whenever  the  owner  of  surface  ground  is  unknown 
or  cannot  be  found,  notice  of  the  petition  for  expropriation  shall 
be  published  for  thirty  days  in  the  manner  provided  by  the  Regu- 
lations.79 If,  before  the  expiration  of  that  term,  anyone  presents 
himself  who  proves  that  he  is  the  owner  of  the  land  which  is 
sought  to  be  expropriated,  the  proceedings  shall  be  carried 
through  as  provided  in  the  foregoing  articles,  but  if,  within  the 
period  stated,  no  one  establishes  his  rights  as  owner  of  the  land, 
the  Department  of  Fomento  shall  authorize  the  expropriation, 
first  exacting  the  deposit  of  the  indemnity  which  is  determined 
upon,  and  the  owner  of  the  mining  property  may  then  appeal  to 
any  competent  court  in  order  to  have  a  proper  deed  of  adjudica- 
tion executed  in  his  favor.  Anyone  who  thereafter  establishes 
his  right  to  the  land  expropriated  shall  have  the  right  to  take  up 
said  deposit,  but  he  shall  have  no  right  to  object  to  the  adminis- 
trative finding  by  which  the  expropriation  has  been  allowed. 

Art.  96.     The  person  whose  land  has  been  taken  by  expropria- 


76  See  Article  92. 

77  See  Article  93. 

78  See  Article  119. 

7»  See  Regulations  58. 


20  MINING  LAW  OP  MEXICO 

tion  or  anyone  claiming  under  him  shall  have  the  right  within 
the  period  of  one  year  to  get  back  the  land  taken  or  the  proper 
portion  thereof  in  the  following  cases : 

I.  Whenever  expropriation  has  been  allowed  in  order  to 

carry  on  some  work  and  the  person  thus  allowed  to  ex- 
propriate does  not  begin  the  work  within  the  term  of 
one  year  or  suspends  the  carrying  on  of  the  work 
within  that  term,  unless  prevented  by  vis  major. 

II.  Whenever  all  or  a  part  of  the  land  taken  is  used  for 

a  purpose  distinct  from  that  for  which  the  expropria- 
tion was  allowed. 

III.  Whenever  the  title  of  the  mining  property  for  whose 

benefit   the    expropriation   was    allowed    is    declared 

lapsed. 

In  all  these  cases  the  person  whose  property  has  been  expn>- 
priated  or  anyone  claiming  under  him  shall  not  be  compelled  to 
return  any  other  sum  than  that  which  the  person  expropriating 
may  have  paid  by  way  of  indemnity  or  such  proportion  thereof 
as  is  represented  by  the  land  actually  recovered.  The  suit  to 
recover  land  cannot  be  instituted  if  the  reason  upon  which  it  is 
based  ceases  to  exist. 

CHAPTER  VII. 
PENAL  PROVISIONS.80 

Art.  97.  Crimes  which  may  be  committed  in  violation  of  this 
Law  and  the  civil  liability  based  thereon  shall  be  subject  to  the 
provisions  of  the  Penal  Code  of  the  Federal  District,  with  such 
modifications  as  are  included  in  the  following  articles. 

Art.  98.  The  Mining  Agent  or  the  expert  who  is  guilty  of  a 
falsehood  or  false  statement  in  the  discharge  of  his  office  shall  be 
punished  with  a  sentence  of  from  five  months  to  one  year  in 

so  See  Article  107. 

si  Article  748  of  the  Penal  Code  is  as  follows:  "A  witness,  expert, 
judge,  clerk  or  actuary  who  fails  to  tell  the  truth  as  provided  in  the 
foregoing  articles  and  those  which  define  subornation  or  intimidation, 
besides  suffering  the  punishment  indicated  in  this  chapter  shall  be 
sentenced  to  be  deprived  for  five  years  of  the  right  of  being  tutor, 
guardian,  attorney  in  fact,  expert  and  judicial  receiver,  and  such  per- 
sons shall  be  disqualified  from  being  judges,  jurors,  arbiters,  referees, 
assessors,  representatives  of  intestate  or  absent  persons,  clerks,  no- 
taries, actuaries,  brokers  or  judges  of  the  Civil  Register,  and  shall  be 
prevented  from  engaging  in  any  other  employment  or  profession  which 
requires  a  title  or  is  public  in  character." 


MINING  LAW  OF  MEXICO  21 

prison  and  a  fine  of  the  second  class  without  prejudice  to  the  pro- 
visions of  Article  74881  of  the  Penal  Code  providing  for  suspen- 
sion and  disability  in  similar  cases.82 

Art.  99.  Whenever  a  Mining  Agent  or  an  expert  is  found 
guilty  of  acting  falsely  in  collusion  with  the  person  denouncing 
or  with  the  objector,  such  agent  or  expert  shall  be  sentenced  to 
the  penalties  indicated  in  Article  98,  and  the  person  denouncing 
or  the  objector  shall  be  sentenced  to  minor  arrest  and  to  a  fine 
of  the  first  class.  If  he  should  have  been  guilty  of  bribery  the 
rules  regarding  accumulation  of  punishments  shall  be  applied 
to  the  case. 

Art.  100.  The  expert  who,  in  bad  faith,  omits  to  present 
within  the  proper  time  the  maps  and  data  regarding  a  mining 
denouncement  shall  be  sentenced  to  the  penalty  of  major  arrest 
and  a  disqualification  to  discharge  the  duties  of  expert  for  a 
period  of  from  one  to  five  years. 

Art.  101.  Save  in  those  cases  where  this  Law  provides  other- 
wise, the  Department  of  Fomento  may  order  a  correctional  pun- 
ishment up  to  one  month  of  arrest  or  five  hundred  pesos  fine,  ac- 
cording to  the  gravity  of  the  offense : 

I.  To  the  expert  who  through  negligence  or  carelessness 

fails  to  present  within  the  proper  time  the  maps  and 
data  relative  to  a  mining  denouncement. 

II.  To  the  Mining  Agent  who,  in  the  course  of  denounce- 

ment proceedings  where  there  is  an  objection  or  any 
other  special  proceeding,  shall  infringe  the  provisions 
of  this  Law  or  of  the  Regulations. 

III.  To  the  Mining  Agent,  expert  or  other  person  who,  inter- 

vening in  mining  proceedings,  shall  disobey  the  orders 
of  the  Department  of  Fomento  entered  in  accordance 
with  the  provisions  of  this  Law  or  of  the  Regulations. 

IV.  To  whoever  infringes  the  Regulations  and  other  provi- 

sions concerning  the  policing  and  guarding  of  mining 
work.83 

Art.  102.    Whoever,  without  any  right,  exploits  any  of  the  sub- 
stances mentioned  in  Article  1  of  this  Law,  unless  he  can  show 
that  he  has  acted  through  error,  shall  be  punished  as  follows : 
I.       If  the  exploitation  takes  place  in  unoccupied  land  or  in 
pertenencias  which  have  been  denounced  or  in  perten- 
encias,  the  title  to  which  has  been  issued,  the  punish- 

82  See  Article  99. 

83  See  Article  57. 


22  MINING  LAW  OF  MEXICO 

merit  shall  be  from  one  to  two  years  in  prison  and  a 
fine  of  from  one  thousand  to  two  thousand  pesos.84 
II.     If  the  person  denouncing  a  property  exploits  it  before  ob- 
taining his  proper  title  he  shall  be  condemned  to  the 
punishment  of  major  arrest  and  to  a  fine  of  the  second 
class. 

Art.  103.  In  the  cases  covered  by  Paragraph  II  of  Article  70 
if  the  person  carrying  on  the  work  disposes  of  the  minerals  he 
shall  be  condemned  to  the  punishment  indicated  in  Paragraph  I 
of  the  foregoing  article  (102). 

Art.  104.  Stealing  of  minerals  by  operatives  or  employees  of 
a  mining  concern  shall  be  considered  as  covered  by  the  provisions 
of  Paragraph  V  of  Article  384  of  the  Penal  Code.85 

Art.  105.  Whoever  destroys  or  changes  the  location  of  monu- 
ments or  marks  which,  either  on  the  surface  of  the  land  or  under- 
ground, indicate  the  boundaries  of  a  mining  property  shall  be 
condemned  to  the  punishment  provided  by  Article  497  of  the 
Penal  Code.86 

Art.  106.  Disobedience  and  resistance  by  private  persons  who 
hinder  the  operations  entrusted  to  experts  shall  be  punished  in 
accordance  with  the  provisions  of  Chapter  IX,  Title  VIII,  Book 
3,  of  the  Penal  Code.87 


8*  See  Article  103. 

s5  Paragraph  V.  of  Article  384  of  the  Penal  Code  is  as  follows: 
"The  Punishment  is  two  years  in  prison  in  the  following  cases:  V.  When 
robbery  Is  committed  by  operatives,  workmen,  apprentices  or  pupils  in 
the  house,  shop  or  school  in  which  they  habitually  work  or  study  or 
in  any  dwelling  house,  office,  warehouse  or  other  place  to  which  they 
have  free  access  in  the  character  indicated." 

so  Article  497  of  the  Penal  Code  is  as  follows:  "Whoever  stops  up 
the  ditches  or  pits  which  serve  as  boundaries  of  a  property  or  destroys 
the  fences,  posts  or  monuments  or  other  landmarks  which  indicate 
its  boundaries  shall  be  punished  by  arrest  for  from  eight  days  to  six 
months  and  by  a  fine  of  from  ten  to  two  hundred  pesos. 

But  if  the  motive  actuating  the  wrong-doer  was  to  take  possession 
of  the  land  of  another  or  to  mix  up  boundary  lines  which  are  in  dis- 
pute in  a  suit  at  law  or  to  steal  the  materials  of  which  said  landmarks 
are  formed,  the  punishment  will  be  from  three  to  twelve  months  of 
arrest  and  a  fine  of  the  second  class." 

BT  See  Regulations  22  and  29. 


MINING  LAW  OF  MEXICO '  23 

CHAPTER  VIII. 
SUITS  AT  LAW. 

Art.  107.  The  federal  tribunals  are  given  jurisdiction  over 
suits  involving  the  following  matters88: 

I.  Objections  to  denouncements  or  to  the  granting  of  min- 

ing titles.89 

II.  Objections  to  the  rectification  of  titles  or  the  location 

of  pertenencias  to  which  titles  have  been  issued.90 

III.  Actions  to  annul  mining  titles.80 

IV.  Actions  to  expropriate  land  for  mining  purposes.91 

V.  Legal  mining  easements.90 

VI.  Crimes  committed  which  are  infractions  of  the  provi- 

sions of  this  law  as  set  out  in  Chapter  VII.92 

VII.  Crimes  committed  which  endanger  the  safety  of  mining 

operations  or  the  lives  of  the  operatives  in  the  under- 
ground workings.92 

Art.  108.  In  the  cases  referred  to  in  Paragraphs  I,  II,  III  and 
IV  of  the  preceding  article,  the  jurisdiction  is  determined  by  the 
location  of  the  mining  property  involved.  In  cases  arising  under 
Paragraph  III  of  said  article  if  the  nullity  of  a  title  is  alleged 
before  a  judge  of  the  Federal  Court  the  judge  before  whom  the 
objection  is  made  will  be  competent  to  pass  upon  the  validity  of 
the  title.93 

Art.  109.  In  actions  relating  to  legal  easements  the  jurisdic- 
tion will  be  governed  by  the  location  of  the  dominant  estate.93 

Art.  110.  In  the  cases  covered  by  the  two  preceding  articles, 
if  the  mining  property  is  subject,  by  reason  of  its  location,  to 
more  than  one  jurisdiction,  that  court  will  have  jurisdiction 
which  is  chosen  by  the  plaintiff. 

Art.  111.  The  judge  who  has  jurisdiction  in  the  place  where 
the  crime  is  committed  will  have  jurisdiction  of  the  criminal 
actions  referred  to  in  Paragraphs  VI  and  VII  of  Article  107 
and  if  more  than  one  judge  is  competent  the  one  who  first  takes 
action  will  have  jurisdiction. 

ss  See  Articles  122  and  123. 

s»See  Articles  40  and  42. 

»o  gee  Articles  112,  116  and  117. 

»i  See  Articles  118  and  119. 

»2  See  Articles  108,  110,  111  and  120. 

»3  See  Article  110. 


24  MINING  LAW  OF  MEXICO 

Art.  112.  In  the  actions  wherein  the  objections  referred  to  in 
Paragraphs  I  and  II  of  Article  107  are  being  considered,  the 
person  denouncing  or  the  one  who  has  petitioned  a  rectification 
will  always  be  considered  as  the  plaintiff.  The  term  within  which 
a  complaint  shall  be  filed  shall  be  thirty  days.94 

Art.  113.  If  the  term  referred  to  in  the  preceding  article 
should  elapse  without  any  complaint  having  been  filed  the  judge, 
at  the  petition  of  the  opposing  party,  will  enter  an  order  in 
favor  of  the  defendant  and  will  return  the  record  of  adminis- 
trative proceedings  to  the  proper  office. 

Art.  114.  The  defendant  must  base  his  objections  on  those 
matters  which  he  may  have  expressly  alleged  in  due  time  during 
the  administrative  proceedings. 

Art.  115.  In  the  consideration  of  objections  based  upon  the 
provisions  of  Article  37  the  person  denouncing  shall  enjoy  the 
presumption  that  the  land  is  unoccupied  if  the  objections  are 
based  upon  the  first  of  the  causes  there  stated.  If  they  are  based 
upon  the  second  of  said  causes  the  presumption  will  be  in  favor  of 
the  second  denouncer. 

Art.  116.  Within  the  term  of  three  years  counted  from  the 
date  of  the  issuance  of  a  title  the  Department  of  Fomento  may 
take  action  to  annul  the  same  on  the  ground  that  it  has  been 
obtained  through  fraud  or  bad  faith.  The  provisions  of  this 
article  shall  not  prejudice  the  rights  of  a  third  party  to  take 
action  for  the  annulment  of  a  title. 

Art.  117.  The  actions  referred  to  in  Paragraphs  I,  II,  III 
and  V  of  Article  107  shall  be  prosecuted  summarily  in  accord- 
ance with  the  provisions  of  the  Federal  Code  of  Civil  Procedure, 
but  the  ordinary  term  for  taking  evidence  shall  be  extended  to 
forty  days.95 

Art.  118.  In  cases  where  expropriation  is  sought,  the  court 
shall  make  use  of  the  methods  for  enforcing  judicial  orders  estab- 
lished by  the  Federal  Code  of  Civil  Procedure  in  order  to  make 
effective  the  rights  given  to  the  owner  of  a  mining  property  under 
Chapter  VI  of  this  law. 

Art.  119.  All  questions  raised  by  the  owner  of  land  which  it 
is  sought  to  expropriate,  in  opposition  to  the  determinations  of 
the  Department  of  Fomento  and  all  questions  covered  by  Article 

»*  See  Article  113. 
»s  See  Article  119. 


MINING  LAW  OF  MEXICO  25 

94  shall  be  tried  in  a  summary  manner,  the  provisions  of  Article 
117  being  followed  in  so  far  as  the  time  for  taking  evidence  is 
concerned. 

Art.  120.  In  order  to  determine  and  impose  the  punishment 
for  the  crimes  referred  to  in  Paragraphs  VI  and  VII  of  Article 
107  the  provisions  of  the  federal  laws  of  procedure  shall  be 
followed. 

Art.  121.  The  Government  Attorney  may  intervene  in  any 
of  the  suits  referred  to  in  the  preceding  articles  of  this  chapter 
in  order  to  see  that  the  proceedings  are  not  illegally  extended  and 
he  may  accuse  the  parties  of  default  and  generally  watch  the 
proceedings  in  order  that  the  law  may  be  complied  with.  In 
such  suits  the  Government  Attorney  shall  follow  the  instructions 
which  the  Department  of  Fomento  may  communicate  to  him. 

Art.  122.  The  final  orders  which  may  be  entered  in  the  suits 
referred  to  in  Article  107  shall  be  communicated  to  the  Depart- 
ment of  Fomento  by  the  court  which  enters  them. 

Art.  123.  The  suits  which  may  be  instituted  based  upon  the 
contracts  referred  to  in  Article  79  shall  be  conducted  before  such 
judges  as  are  competent  under  the  common  law  to  hear  them  in 
conformity  with  the  provisions  of  the  Commercial  Code. 

The  suits  relating  to  mining  properties  and  involving  subjects 
not  comprised  in  Article  107  shall  be  tried  before  common  law 
courts  competent  to  hear  them  in  accordance  with  the  local  laws, 
the  Commercial  Code  or  the  Civil  Code  of  the  Federal  District 
respectively. 

CHAPTER  IX. 

SUNDRY  PROVISIONS. 

Art.  124.  Mining  explorations  shall  be  subject  to  the  provi- 
sions of  the  Regulations98  adopted  under  this  law  and  also  to  spe- 
cial police  mining  regulations  in  accordance  with  the  following 
principles : 

I.  In  order  to  determine  a  zone  of  exploration,  a  fixed  point 

and  one  easily  identifiable  shall  be  taken,  which  shall 
serve  as  the  center  of  a  circumference  whose  radius 
shall  not  exceed  five  hundred  meters. 

II.  In  order  that  explorations  may  be  carried  on  in  lands 

that  are  privately  owned,  the  permission  of  the  owner 


»« See  Regulations  53  to  5G.     The  special  police  mining  regulations 
have  not  yet  been  published. 


MINING  LAW  OF  MEXICO 

shall  be  required.  If  the  owner  refuses  to  give  such 
permission,  the  person  seeking  such  permission  shall 
appeal  to  the  Mining  Agent  who,  after  hearing  the 
owner  of  the  land  and  having  followed  the  steps  indi- 
cated by  the  Regulations,  shall  extend  such  permission 
if  there  is  no  legal  impediment  thereto,  having  first 
exacted  a  bond  which  the  explorer  must  give  to  protect 
the  property  owner  from  any  damage  and  loss  which 
may  be  occasioned.97 

Mining  explorations  on  national  lands  can  only  be  carried 
on  by  permission  of  the  proper  Mining  Agent,  who  may 
not  refuse  such  permission  without  due  cause.98 

The  length  of  time  allowed  for  exploration  shall  be  sixty 
days,  which  may  not  be  extended  and  which  shall  be 
counted  from  the  date  of  the  execution  of  the  proper 
permission  when  this  is  given  by  the  Mining  Agent, 
and  from  the  date  when  such  permission  is  recorded 
in  the  Agency  when  the  private  owner  has  given  such 
permission. 

During  the  period  of  exploration  work  only  the  explorer 
shall  have  the  right  of  denouncing  the  mining  perte- 
nencias  within  the  reserved  zone. 

New  permits  for  exploration  of  all  or  a  part  of  any  zone 
of  exploration  shall  not  be  issued  excepting  after  six 
months  shall  have  transpired  after  the  expiration  of 
the  former  permit. 

In  case  of  any  contention  between  the  explorer  and  the 
owner  of  the  land  regarding  the  limits  of  the  zone  of 
exploration,  the  burden  of  proof  shall  be  on  the 
explorer. 

Zones  of  exploration  will  not  be  permitted  in  lands  where 
mining  work  has  been  carried  on,  even  when  the  perte- 
nencias  located  there  have  been  abandoned,  nor  will 
zones  of  exploration  be  allowed  within  a  distance  of 
two  hundred  meters  of  the  boundary  lines  of  a  mining 
property,  nor  within  the  precincts  of  inhabited  towns.99 

The  special  police  mining  regulations  shall  determine  at 
what  distance  from  buildings,  railroads  and  other 


87  See  Regulations  7,  54  and  55. 
»"  See  Regulations  53. 
89  See  Regulations  53. 


MINING  LAW  OF  MEXICO  27 

structures,  both  public  and  private,  the  carrying  on 
of  exploration  work  shall  be  permitted. 

Art.  125.  The  special  police  mining  regulations  shall  deter- 
mine in  what  cases  and  under  what  conditions  the  carrying  on 
of  mining  work  underneath  buildings  and  other  structures,  both 
public  and  private,  shall  be  permitted. 

Art.  126.  The  Department  of  Fomento  shall  cause  its  in- 
spectors to  visit  mining  properties  and  inspect  such  machin- 
ery as  may  be  installed  thereon  for  mining  purposes.  These  visits 
shall  have  for  their  object: 

I.  To  determine  whether  the  special  police  mining  regula- 

tions and  rules  are  being  complied  with. 

II.  To  obtain  scientific  data  and  statistics  with  relation  to 

mineral  formations. 

Art.  127.  The  Department  may  also  order  an  inspection  of  a 
mining  property  at  the  petition  of  any  interested  party  in  order 
to  ascertain  if  other  properties  are  being  encroached  upon. 

Art.  128.  Whenever  the  Department  of  Fomento  has  reason 
to  suppose  that  the  work  being  done  on  a  mining  property 
encroaches  upon  unoccupied  land,  it  may,  on  its  own  authority, 
order  that  the  property  be  inspected  to  determine  whether  or 
not  such  encroachment  is  taking  place. 

Art.  129.  In  no  case  shall  the  inspectors  in  the  course  of  their 
inspections  make  any  investigations  regarding  the  commercial 
condition  of  mining  enterprises. 

Art.  130.  The  Department  of  Fomento  may  order  the  sus- 
pension of  mining  work  which  is  not  being  carried  on  in  accord- 
ance with  the  Regulations  or  the  police  provisions,  if  it  is  en- 
dangering the  life  of  persons  who  are  working  in  the  mines. 

The  order  for  the  suspension  of  work  shall  be  limited  to  that 
portion  or  district  where  there  is  danger  and  shall  be  based  upon 
the  statement  of  the  inspector  who  may  have  visited  the  prop- 
erty or  upon  an  investigation  instituted  by  local  authorities.  The 
order  suspending  work  shall  remain  in  effect  until  the  condition 
upon  which  it  is  based  shall  have  been  removed. 

Art.  131.  In  urgent  and  extreme  cases  a  suspension  of  work 
can  be  ordered  at  the  petition  of  the  Governor  of  the  State  or 
Jefe  Politico  of  the  Territory,  without  compliance  with  the  condi- 
tions required  in  the  preceding  article. 

Art.  132.  In  every  case  of  suspension  of  work  which  is  not 
based  upon  the  report  of  an  official  inspector  of  the  Department 


28  MINING  LAW  OF  MEXICO 

of  Fomento,  that  Department  shall  order,  at  the  earliest  possible 
moment,  such  an  inspection  to  be  made. 

Art.  133.  Coal  mining  operations  which  endanger  the  lives  of 
the  operatives,  the  safety  of  their  work  or  the  stability  of  the 
ground,  shall  be  subject  to  the  Regulations  and  to  the  special 
police  mining  regulations. 

Art.  134.  Dumps  constitute  an  accession  to  the  mining  prop- 
erty from  which  the  materials  comprising  them  are  taken.  If  it 
cannot  be  determined  from  what  property  the  material  compris- 
ing the  dumps  is  taken,  the  ownership  of  the  same  shall  be  regu- 
lated exclusively  by  the  common  law. 

Art.  135.  The  Department  of  Fomento  may  enter  into  con- 
tracts under  such  conditions  as  it  may  deem  proper  in  each  case 
for  the  exploitation  of  metallic  substances  found  in  the  bed  of 
waters  under  federal  jurisdiction,  provided  the  special  laws  re- 
garding waters  contain  no  provisions  to  the  contrary. 

Art.  136.  No  mining  title  shall  be  granted  to  foreigners  who 
denounce  pertenencias  within  a  zone  of  eighty  kilometers  from 
the  international  boundary  line  unless  they  previously  obtain 
special  permission  from  the  Executive  of  the  Union.100  This 
requisite  is  necessary  even  when  the  denouncement  is  made 
jointly  by  foreigners  and  natives. 

If  the  permission  is  refused  the  land  denounced  shall  be  de- 
clared unoccupied  and  the  provisions  of  Article  36  will  be 
followed. 

Art.  137.  The  permission  referred  to  in  the  foregoing  article 
is  required  in  order  that  foreigners  may  acquire,  by  any  other 
title,  mining  properties  or  real  rights  in  the  same  within  the 
aforesaid  zone  of  eighty  kilometers.101 

Art.  138.  The  Regulations102  shall  determine  the  time  within 
which  the  permission  referred  to  in  the  two  preceding  articles 
shall  be  sought  and  the  conditions  under  which  it  may  be  granted. 

Art.  139.  Foreign  corporations  are  incapable  of  denouncing 
or  acquiring  by  any  title  whatsoever  mining  properties  or  real 
rights  in  the  same  situated  within  the  zone  fixed  by  Article  136. 101 

Art.  140.  Any  acquisition  made  in  contravention  of  Articles 
136  to  139  of  this  law  is  null  and  void.  An  action  to  annul  may 
be  brought  by  any  interested  party  or  by  the  attorney  of  the 


100  See  Articles  139,  141  and  144;    Regulations  59. 

101  See  Articles  140  to  144;  Regulations  59. 

102  See  Regulations  59. 


MINING  LAW  OF  MEXICO  29 

federal  government  acting  under  instructions  of  the  Depart- 
ment of  Fomento. 

Art.  141.  Whenever  a  foreigner  acquires  mining  properties 
or  real  rights  in  the  same  within  the  zone  fixed  by  Article  136, 
by  inheritance  or  by  judicial  adjudication  in  payment  of  a 
debt,  he  shall  be  allowed  a  period  of  one  year  to  convey  said 
property  excepting  when,  prior  to  the  expiration  of  that  period, 
he  shall  have  obtained  the  permission  referred  to  in  Article  137. 

Art.  142.  Whenever  a  foreign  corporation  acquires  mining 
property  by  succession  or  judicial  adjudication  in  payment  of  a 
debt  it  must  convey  such  property  in  every  case  within  the 
period  of  one  year.108 

Art.  143.  The  judicial  authorities  who  have  jurisdiction  over 
the  inheritance  or  adjudication  proceedings  referred  to  in  the 
preceding  articles  shall  give  due  notice  to  the  Department  of 
Fomento  of  the  pendency  of  such  proceedings. 

Art.  144.  The  Executive  of  the  Union,  acting  through  the 
Government  Attorney,  shall  institute  proceedings  to  recover  min- 
ing properties  and  rights  acquired  or  possessed  in  contravention 
of  the  provisions  of  Articles  136,  137,  139,  141  and  142. 

The  property  recovered  shall  be  sold  at  public  auction,  in 
accordance  with  the  provisions  of  the  Federal  Code  of  Civil 
Procedure,  and  the  proceeds  of  said  sale,  less  the  expenses  and 
taxes,  shall  be  subject  to  the  order  of  the  interested  parties. 

Art.  145.  Any  person  may  pay  the  taxes  on  a  mining  prop- 
erty, but  only  one  who  can  show  that  he  has  a  lawful  interest 
in  preventing  the  lapse  of  the  title  shall  have  the  right  to  de- 
mand of  the  owner  of  the  property  reimbursement  for  what  he 
may  have  paid.10* 

In  this  last  case  the  debt  founded  upon  the  payment  of  a 
mining  tax  shall  be  considered  a  preference  ahead  of  any  other 
debts  which  are  to  be  paid  out  of  the  proceeds  of  the  prop- 
erty, including  mortgage  debts. 

Art.  146.  In  default  of  an  express  provision  of  this  Law,  the 
terms  indicated  herein  and  those  fixed  by  the  Regulations  shall 
begin  to  run  from  the  day  following  that  on  which  a  notice  shall 
have  been  served  or  a  proceeding  taken,  the  day  of  maturity  be- 
ing counted.  Sundays,  national  feast  days  and  holidays  shall 
not  be  included  in  the  computation  of  terms.106 

103  gee  Article  144. 

104  See  Article  51. 

105  See  Article  147. 


30  MINING  LAW  OF  MEXICO 

Art.  147.  The  rules  established  by  the  preceding  article  shall 
not  be  applied  to  the  periods  relating  to  prescription  and  to 
judicial  terms,  which  shall  be  computed  in  accordance  with  the 
provisions  of  the  respective  laws. 

Art.  148.  The  right  to  open  and  exploit  tunnels  is  denied  to 
those  owners  who  have  not  complied  with  the  provisions  of  the 
laws  or  of  the  concessions  by  virtue  of  which  their  rights  were 
acquired. 

Art.  149.  The  Department  of  Fomento  shall  determine  the 
number  of  Mining  Agents  and  the  territory  in  which  each  shall 
exercise  his  authority,  taking  into  account  the  requirements  for 
the  dispatch  of  business  in  each  branch.  That  Department  shall 
also  settle  all  doubts  and  questions  which  may  arise  with  respect 
to  the  competency  of  Mining  Agents.108 

Art.  150.  The  services  of  Mining  Agents  shall  be  paid  for  in 
accordance  with  the  schedule  of  fees  issued  by  the  Department 
of  Fomento.107 

Art.  151.  Whenever  the  owner  of  a  mining  property  shows 
satisfactorily  to  the  Department  of  Fomento  that  his  original 
title  has  been  lost  or  destroyed,  a  duplicate  will  be  issued  at  his 
expense,  in  which  the  reason  for  such  issue  shall  be  stated. 

Art.  152.  The  mining  titles  issued  by  the  Department  of 
Fomento  shall  be  executed  only  by  the  Secretary  of  that  Depart- 
ment.108 

Art.  153.  The  Department  of  Fomento  shall  issue  the  general 
Regulations  under  this  law,  the  special  police  mining  regulations 
and  the  other  rules  which  have  for  their  object  the  carrying  out 
of  the  provisions  of  this  Law.109 

TRANSITORY  ARTICLES. 

Art.  1.  The  present  Law  shall  go  into  effect  the  first  day 
of  January,  1910. 

Art.  2.  The  contracts  for  the  exploration  of  mining  zones  shall 
continue  in  force  in  accordance  with  their  respective  provisions. 

Art.  3.  Mining  proceedings  which  may  be  pending  on  the  first 
of  January,  1910,  shall  be  continued  and  shall  be  decided  in 
conformity  with  the  provisions  of  this  Law. 

io«  See  Regulations  2  and  3. 

107  See  Article  35;   Regulations  12;    Schedule  1  to  12,  page  50. 

108  see  Article  11. 

100  For  the  Regulations  see  page  33.  The  special  police  mining  regula- 
tions have  not  yet  been  published. 


MINING  LAW  OF  MEXICO  31 

[Art.  4.  Suits  which  are  being  tried  before  the  courts  of  the 
common  law  regarding  any  of  the  matters  enumerated  in  Article 
107  of  this  Law  shall  be  transferred  in  whatever  state  and  condi- 
tion they  may  be  to  the  jurisdiction  of  the  federal  tribunals. 
The  common  law  tribunals,  without  the  petition  of  any  party  be- 
ing required,  shall  send  the  pleadings  to  the  proper  federal  judge 
or  tribunal  within  the  term  of  thirty  days,  counting  from  the 
first  of  January,  1910. 

Cases  pending  on  appeal  at  the  time  when  this  Law  goes  into 
effect  shall  be  considered  and  decided  by  the  tribunals  which 
are  considering  the  same  in  conformity  with  the  provisions  of 
the  common  law  applicable  thereto. 

Art.  5.  The  owners  of  mining  properties  who  may  not  have 
complied  with  the  provisions  of  the  first  part  of  Article  2  of  the 
Law  of  June  6,  1892,  are  given  a  term  of  six  months  to  establish 
before  the  Department  of  Fomento  the  fact  that  they  have  ful- 
filled the  conditions  required  by  the  laws  under  which  their  titles 
were  issued  in  order  to  preserve  their  ownership.  When  this 
term  has  expired  without  proper  showing  having  been  made,  the 
title  shall  be  considered  lapsed  without  the  necessity  of  any 
special  declaration  to  that  effect,  and  the  properties  covered 
thereby  shall  be  denounceable  as  unoccupied  land. 

Art.  6.  The  mining  titles,  acts  and  contracts  registered  before 
the  first  of  January,  1910,  in  accordance  with  the  provisions  of 
the  Mining  Law  of  June  4,  1892,  and  its  regulations,  shall  not 
need  to  be  newly  registered  in  order  that  their  legal  effect  may 
be  preserved.  The  titles,  acts  and  contracts  which  this  Law  re- 
quires to  be  recorded  and  which  have  not  been  recorded  shall 
be  recorded  and  shall  affect  the  rights  of  third  parties  as  of  the 
date  of  such  recording. 

Art.  7.  The  owners  of  mining  properties  who  may  not  have 
marked  the  boundaries  of  their  properties  with  monuments,  are 
given  the  term  of  one  year  for  that  purpose.  Whoever  does  not 
comply  with  this  provision  shall  be  responsible  for  the  losses 
and  damages  which  may  be  occassioned  to  any  third  party  and 
further,  may  be  fined  from  one  hundred  to  five  hundred  pesos 
which  fine  shall  be  imposed  by  the  Department  of  Fomento  upon 
receiving  satisfactory  proof  of  such  infraction  of  the  law. 

If,  after  a  fine  has  been  imposed,  the  person  responsible  there- 
for continues  in  default  for  a  period  of  thirty  days,  he  shall  be 
cited  before  the  proper  judicial  authority  in  order  that  he  may 
be  punished  for  the  crime  of  disobedience  of  the  lawful  order 


J2  MINING  LAW  OF  MEXICO 

)f  a  publio  authority,  without  prejudice  to  the  right  of  the 
Department  of  Fomento  to  order  such  monuments  to  be  con- 
itructed  at  the  expense  of  the  interested  party. 

Art.  8.  From  the  date  on  which  this  Law  goes  into  effect  all 
existing  provisions,  even  those  contained  in  special  laws,  which 
jstablish  any  preferential  rights  with  respect  to  the  acquisition 
>r  denouncement  of  mining  properties,  shall  be  rescinded. 

Art.  9.  All  the  laws  and  provisions  regarding  mining,  with 
;he  exception  of  those  fiscal  in  character  (which  latter  shall 
continue  in  full  force  so  far  as  they  are  not  modified  by  the 
) resent  Law),  shall  be  rescinded  from  the  date  when  this  Law 
joes  into  effect. 


REGULATIONS. * 


CHAPTER  L. 
MINING  AGENTS. 

Art.  1.  Agents  of  the  Department  of  Fomento  in  the  Bureau 
of  Mines  are  required  to  be  Mexican  citizens  in  due  exercise 
of  their  rights  as  citizens. 

Art.  2.  Mining  Agents  which  the  Department  of  Fomento 
may  appoint  in  accordance  with  Article  149  of  the  Law  shall 
receive  and  act  upon  denouncements  of  mining  properties  which 
may  be  filed  with  them  and  shall  perform  the  duties  which  may 
be  required  of  them  by  the  Law,  the  Regulations  and  the  orders 
issued  by  said  Department. 

In  case  of  any  doubt  regarding  the  application  of  the  Law, 
the  Regulations  and  Department  orders  Mining  Agents  shall 
consult  with  the  Department  of  Fomento. 

Art.  3.  Upon  the  establishment  of  a  Mining  Agency  in 
conformity  with  the  provisions  of  Article  149  of  the  Law,  the 
Department  of  Fomento  shall  fix  the  boundaries  of  the  District 
allotted  to  said  Agency  and  shall  publish  notice  thereof,  as 
well  as  of  later  changes,  in  the  "Diario  Oficial"  of  the  Federal 
Government  and  in  the  Official  Publication  of  the  proper  state 
and  said  notice  shall  also  be  posted  for  thirty  days  on  the 
bulletin  board  of  the  Agency  thus  established. 

Art.  4.  In  each  Mining  Agency  there  shall  be  named  an 
Agent  in  Chief  and  such  Assistants  as  the  volume  of  the  mining 
business  of  such  Agency  may  require. 

Such  Assistants  shall  perform  the  same  duties  as  the  Agents 
in  Chief  and  shall  act  for  the  latter  during  any  temporary 
disability  and  also  in  those  cases  in  which,  because  of  some 
legal  impediment  in  a  certain  business,  the  Agent  is  prevented 
from  acting  and  calls  upon  an  Assistant  to  act  for  him.2 

1  These  Regulations  were  adopted  by  the  Department  of  Fomento 
December  16th,  1909,  in  accordance  with  the  provisions  of  Article  153 
of  the  Mining  Law. 

2  See  Regulations  9. 

33 


34  MINING  LAW  OF  MEXICO 

Art.  5.  Whenever  an  Agent  is  compelled  to  be  absent  for 
fifteen  days  or  less  he  may  call  upon  an  Assistant  fo  act  for 
him  and  shall  give  notice  of  such  absence  to  the  Department 
of  Fomento  by  mail  and  also  by  telegraph  if  possible. 

Whenever  the  Agent  proposes  to  be  absent  a  longer  period 
he  must  first  obtain  permission  from  said  Department  notifying 
it  of  the  reason  for  his  absence  and  the  time  it  is  expected  to 
last  in  order  that  the  Department  may  pass  upon  the  matter 
properly. 

Art.  6.  In  case  of  death  or  serious  illness  which  may  prevent 
an  Agent  from  appointing  his  Assistant  to  act  for  him  the 
latter  shall  report  in  the  speediest  manner  possible  to  the  Depart- 
ment of  Fomento  advising  it  of  the  circumstances  in  order  that 
said  Department  may  place  an  Assistant  in  charge  of  the  Agency. 
This  shall  be  done  by  the  local  Chief  of  Hacienda  and  in  the 
presence  of  two  witnesses.  If  there  is  no  Chief  of  Hacienda 
the  Federal  Stamp  Agent  shall  act  and  in  default  of  such  Agent 
the  Postmaster.  In  all  such  cases  a  statement  shall  be  drawn 
up  which  shall  be  signed  by  all  the  officials,  a  copy  being  sent 
to  the  Department  of  Fomento. 

Art.  7.    Mining  Agents  shall  comply  with  the  following: 

I.  They  shall  place  on  the  outside  of  the  Agency  and  in 

a  place  easily  visible  to  the  public  a  sign  which  shall 
read  "Mining  Agency  of  the  Department  of  Fo- 
mento". 

II.  The  office  hours  shall  always  be  posted  on  the  outside 

of  the  Agency  and  these  must  be  strictly  kept  except- 
ing on  Sundays,  feast  days  and  national  holidays.8 

III.  On  the  outside  of  the  Agency,  or  if  that  is  not  possible, 

at  the  entrance  and  in  a  conspicuous  place  easy  of 
access  by  the  public,  there  shall  be  placed  a  bulletin 
board  on  which  the  notices  required  by  the  Law,  by 
these  Regulations  and  by  other  orders  and  provisions 
shall  be  published. 

IV.  In  a  public  place  in  the  Agency  and  one  easily  access- 

ible there  shall  be  placed  a  clock  which  shall  indicate 
the  local  time. 

V.  Agents  shall  open  and  keep  up  to  date  an  inventory  of 
the  archives  of  the  Agency. 

3  See  Law,  Article  146. 


REGULATIONS  35 

VI.  They  shall  keep   a  register  of  denouncements,  enter- 

ing  denouncements  therein  strictly  in  the  order  of 
their  dates,  numbered  consecutively  and  without  any 
blank  lines  being  left  between  the  successive  entries. 

VII.  They  shall  keep  a  register  of  mining  explorations  in 

which  shall  be  entered  in  the  strict  order  of  their 
dates  the  permits  which  may  be  issued  or  recorded 
and  without  blank  lines  being  left  between  the  suc- 
cessive entries. 

VIII.  They  shall  also  keep   a  register  of  licensed  experts, 

these  including  experts  who  may  have  received  from 
an  official  establishment  of  the  Republic  licenses 
to  exercise  the  profession  of  engineer  and  those 
whose  titles  may  have  been  accepted  or  recognized 
by  the  Government. 

IX.  They  shall  send  to  the  Department  of  Fomento,  within 

the  first  ten  days  of  each  month,  a  detailed  report 
of  denouncements  which  may  have  been  admitted 
and  of  notices  and  petitions  for  permits  to  explore 
also  petitions  for  the  rectification,  reduction  or  sub- 
division of  titled  mining  properties  which  may  have 
been  filed  during  the  preceding  month. 

Art.  8.  In  any  case  where  the  Mining  Agent  is  legally  pre- 
vented from  acting  he  shall  note  this  fact  and  immediately 
appoint  an  Assistant  to  act  in  the  matter;  but  if  the  matter 
involves  the  filing  of  a  denouncement  or  a  written  objection 
the  Agent  himself  shall  note  the  date  and  hour  of  such  filing. 
Art.  9.  A  Mining  Agent  shall  be  excused  from  serving  in 
the  following  cases  which  constitute  legal  impediments4 : 

I.  Whenever  he  has  a  direct  or  indirect  interest  in   a 

matter. 

II.  "Whenever  any  of  his  blood  relatives  in  the  direct  line, 

without  any  limitation  as  to  the  degree  of  consanguin- 
ity, or  any  of  his  collateral  relatives  within  the  fourth 
degree,  or  any  of  his  relatives  by  marriage  within 
the  second  degree  has  any  such  interest. 

III.  Whenever  the  Agent  is  a  partner,  employee  or  manager 

of  any  of  the  parties. 

*  See  Regulations  4. 


36  MINING  LAW  OF  MEXICO 

IV.  Whenever  the  Agent  has  been  attorney,  solicitor  or  ex- 
pert in  the  same  matter. 

Art.  10.  In  those  places  in  the  Republic  which  are  not  com- 
prised within  the  limits  of  any  Mining  Agency  denouncements 
of  mining  properties,  notices  and  applications  for  permits  for 
explorations  shall  be  filed  with  the  Postmaster  who  shall  endorse 
on  the  denouncement,  notice  or  application  for  permit  the  date 
and  hour  when  it  is  filed  and  shall  immediately  notify  the 
Department  of  Fomento  by  mail  and  also  by  telegraph  if  pos- 
sible. 

Art.  11.  An  appeal  from  the  order  of  a  Mining  Agent  re- 
ferred to  in  Article  48  of  the  Law  shall  not  operate  to  suspend 
the  proceedings  except  in  those  cases  in  which  the  Law,  the 
Regulations  and  other  orders  which  may  be  issued  expressly 
so  direct. 

Art.  12.  Mining  Agents  shall  collect  their  fees  in  accordance 
with  the  provisions  of  the  schedule  which  the  Department  of 
Fomento  shall  publish.5 

CHAPTER  II. 

DENOUNCEMENTS  OF  MINING  PROPERTIES. 

Art.  13.  Denouncements  shall  be  filed  in  the  Mining  Agency 
within  the  jurisdiction  of  which  the  property  denounced  is 
located.8 

Art.  14.  If  the  property  is  located  within  districts  allotted 
to  two  or  more  Agencies  the  denouncement  may  be  filed  in 
either  Agency. 

Art.  15.  If  several  denouncements  of  the  same  property  are 
filed  in  different  Agencies,  all  of  which  have  jurisdiction,  only 
that  denouncement  will  be  valid  which  is  first  filed  and  the 
proceedings  shall  be  conducted  in  the  Agency  in  which  that 
denouncement  was  filed. 

Art.  16.  In  the  denouncement  there  shall  be  stated,  in  addi- 
tion to  the  data  referred  to  in  Article  15  of  the  Law,  a  fixed 
point  from  which  measurements  are  to  be  made  and,  in  order 
to  easily  identify  the  land  where  the  pertenencias  are  located, 

B  See  Law,  Articles  35  and  150;    also  Schedule  of  Fees,  page  50. 
•  See  Law,  Article  15. 


REGULATIONS  37 

there  shall  also  be  stated  any  well-known  points  which  there 
may  be  in  the  vicinity. 

Art.  17.  No  denouncement  shall  be  admitted  unless  the 
names  of  the  denouncers  are  specifically  and  individually  set 
forth  therein  nor  unless  the  denouncement  is  signed  by  the 
person  or  persons  named  therein  or  by  his  or  their  legal  repre- 
sentative.7 

Art.  18.  Within  the  three  days8  following  the  admission9  of 
a  denouncement  the  Mining  Agent  shall  name  an  expert  to 
measure  the  pertenencias  and  demasias  denounced  and  make 
a  map  on  which  must  be  indicated  clearly  the  points  on  the 
perimeter  of  the  property  denounced  where  monuments  are  to 
be  constructed  and  also  the  monuments  which  are  found  within 
a  zone  of  a  hundred  meters  surrounding  the  property  denounced 
and  located  on  adjoining  or  neighboring  mining  properties.10 

The  Agent  shall  appoint  as  expert  the  one  proposed  by  the 
petitioner  in  his  denouncement  provided  such  expert  is  duly 
licensed. 

If  the  interested  party  does  not  propose  an  expert  in  his 
denouncement  or  if  the  one  proposed  is  not  licensed  the  Agent 
shall  himself  choose  the  expert,  giving  preference  in  every  case 
to  the  licensed  experts  of  the  place  and  only  when  there  are 
no  such  experts  shall  he  name  a  practical  man.  In  any  case 
the  appointee  must,  in  the  judgment  of  the  Agent,  possess  suffi- 
cient ability  to  satisfactorily  discharge  the  duties  of  an  expert. 

Art.  19.  Whenever  an  Agent  refuses  to  appoint  the  expert 
proposed  he  shall  state  the  reasons  for  such  refusal.  The  inter- 
ested party  may  file  a  complaint  with  the  Department  of 
Fomento,  through  the  Agency,  because  of  such  refusal,  within 
three  days  following  the  date  on  which  he  is  notified  thereof.11* 
When  this  time  has  passed  the  appointment  shall  be  held  final 
and  irrevocable.  The  Agent  shall  send  on  any  complaint  to 
the  Department  of  Fomento  within  three  days  following  the 
date  when  it  is  filed.  From  the  date  when  the  complaint  is 
filed  until  the  Agency  receives  the  finding  of  the  Department 

7  See  Law,  Article  20. 
s  See  Law,  Article  146. 
»  See  Law,  Article  23. 

10  See  Regulations  21,  24,  27,  29  and  46. 

11  See  Law,  .article  146. 


38  MINING  LAW  OF  MEXICO 

of  Fomento  in  the  matter  the  proceedings  for  the  issuance  of 
the  title  shall  be  suspended.  The  Agent  shall  note  on  the  pro- 
ceedings all  the  facts. 

Art.  20.  When  his  appointment  has  been  communicated  to 
the  expert  he  shall  answer  the  Agent  within  the  term  of  eight 
days  stating  whether  or  not  he  accepts  the  appointment.  If 
the  appointee  does  not  accept  or  fails  to  answer,  the  Agent  shall 
notify  the  denouncer  of  that  fact  in  order  that  he  may  suggest 
a  new  licensed  expert,  if  he  made  use  of  that  right  when  he 
filed  his  denouncement,  and  the  appointment  of  the  new  expert 
shall  be  perfected  in  accordance  with  the  provisions  of  the  two 
foregoing  articles.  The  appointment  must  be  made  within  the 
term  of  fifteen  days,  at  the  end  of  which  time,  unless  the  accept- 
ance of  the  expert  is  obtained,  a  copy  of  the  proceedings  shall 
be  sent  to  the  Department  of  Fomento  which  shall  thereupon 
announce  a  discontinuance  of  the  denouncement  and  such  an- 
nouncement shall  be  published  eight  days  on  the  bulletin  board 
of  the  Agency.  When  this  period  has  elapsed  anyone  may 
denounce  the  property.12 

The  Agent  shall  record  the  various  steps  in  the  proceedings. 

Art.  21.  Whenever  the  appointment  of  the  expert  has  been 
accepted  and  confirmed,  the  Agent  shall  fix  a  period  of  sixty 
days13  which  may  not  be  extended  and  within  which  the  map 
referred  to  in  Article  18  (Regulations),  accompanied  by  a 
detailed  report,  must  be  filed. 

The  Agent  will  issue  in  duplicate  an  extract  which  shall 
contain : 

I.  An  extract  of  the  denouncement  containing  clearly  and 

exactly  the  name  and  residence  of  the  denouncer  and 
the  serial  number  of  the  proceedings. 

II.  The    name,    residence    and    formal    acceptance    of    the 

expert. 

III.  The  statement  that  the  fixed  period  of  one  hundred  and 

twenty  days  counted  from  the  date  of  the  extract, 
has  begun  to  run  and  that  within  that  time  the  pro- 
ceedings before  the  Agency  must  be  concluded.14 

"See  Law,  Article  13;    Regulations  36. 

is  See  Law,  Article  146. 

"See  Law,  Articles  37  and  38;    Regulations  31,  42,  45  and  46. 


REGULATIONS  39 

A  copy  of  this  extract  shall  be  placed  on  the  bulletin  board 
of  the  Agency  and  shall  remain  there  thirty  days.15 

The  other  copy  of  the  extract  shall  be  delivered  to  the  person 
denouncing  in  order  that  at  his  expense  and  risk  and  within 
forty  days  after  the  date  of  the  extract  it  may  be  published  three 
consecutive  times  in  the  Official  Publication  of  the  proper  state, 
territory  or  Federal  District.  The  person  denouncing  shall 
deliver  to  the  Agency  before  the  end  of  the  one  hundred  and 
twenty  days  referred  to  in  Paragraph  III,  copies  of  the  afore- 
said publication  in  which  the  extract  was  duly  published,  in 
order  that  they  may  be  attached  to  the  proceedings. 

All  these  steps  shall  be  duly  entered  in  the  record  of  the 
proceedings. 

Art.  22.  The  Agent  shall  deliver  to  the  expert  a  certified 
copy  of  his  appointment  which  shall  conclude  with  the  formal 
notice  that  whoever  resists  the  carrying  out  of  the  field  work 
which  must  be  done  by  the  expert  shall  be  liable  to  the  penalties 
provided  for  in  Article  106  of  the  Law.18 

Art.  23.  The  publication  of  the  extract  as  provided  in  Article 
21  (Regulations)  shall  serve  to  notify  all  those  who  may  con- 
sider that  they  have  any  right  to  offer  objections  to  the  denounce- 
ment of  the  mining  property  covered  thereby,  to  duly  file  such 
objections.17 

Art.  24.  The  steps  which  must  be  taken  on  the  ground  by 
the  expert  named  in  accordance  with  the  provisions  of  Article  18 
(Regulations)  shall  be  so  conducted  that  the  lengths  of  the 
horizontal  projections  of  the  lines  forming  the  perimeter  of  the 
mining  property  and  the  angles  between  said  lines  and  the 
astronomical  meridian  may  be  determined  scientifically.  One 
or  more  of  the  corners  of  the  perimeter  shall  refer  to  at  least 
two  fixed  points  on  the  ground,  or  to  only  one  fixed  point  if 
the  distance  to  said  point  is  also  determined,  and  the  data 
necessary  to  prove  and  correct  the  work  of  the  expert  shall 
be  recorded.  The  location  and  measurement  of  the  property 
on  the  ground  does  not  confer  any  right  to  occupy  the  same 
and  serves  merely  to  define  the  boundaries  of  the  aforesaid 
mining  property. 

is  See  Regulations  23. 
is  See  Regulations  29. 
IT  See  Law,  Articles  37  and  38. 


40  MINING  LAW  OF  MEXICO 

Art.  25.  The  maps  of  mining  properties  must,  for  their  proper 
preservation,  be  printed  on  paper  mounted  on  linen  and  the 
copies  thereof  shall  be  made  on  linen  tracing  paper.  These 
maps  shall  contain  the  following  data: 

I.  The  name  of  the  mine ;  the  place  where  it  is  situated ; 

the  Municipality,  District,  Division,  Canton  or  De- 
partment ;  the  respective  State,  Territory  or  Federal 
District  and  other  data  which  will  serve  to  identify 
the  mining  property. 

II.  The  lengths  of  the  horizontal  projections  of  the  sides 

of  the  perimeter  of  the  mining  property  and  the 
azimuths  of  said  sides,  that  is,  their  directions  with 
reference  to  the  astronomical  meridian. 

III.  The  extent  in  hectaras  comprised  within  the  horizontal 

projection  of  the  property. 

IV.  The  scale,  which  must  be  entirely  decimal. 

V.  Even  when  a  compass  has  been  used  the  astronomical 

meridian  only  shall  be  indicated  and  this  shall  be 
represented  by  a  line  parallel  to  the  right  edge 
of  the  paper  on  which  the  map  is  printed  and 
turned  to  the  eastward  enough  so  that  its  upper 
point  will  indicate  the  astronomical  north. 

VI.  The  bearings  with  reference  to  fixed  and  well-known 

points  on  the  ground. 

VII.  The  adjoining  mining  properties. 

VIII.  The  proper  date  and  the  signature  of  the  expert. 

Art.  26.  The  explanatory  report  referring  to  the  measure- 
ment of  mining  properties  is  required  to  contain,  besides  the 
description  of  the  technical  operations  involved,  all  the  data 
indicated  on  the  map  in  order  that,  in  case  of  necessity,  a  map 
may  be  reconstructed  entirely  from  the  data  contained  in  the 
report.  The  report  shall  also  contain  data  showing  the  location 
of  the  property  and  the  relative  location  of  the  pertenencias 
comprising  it  as  they  are  described  in  the  denouncement  and 
shall  further  explain  any  discrepancies  that  may  exist  between 
the  report  and  the  denouncement. 

Art.  27.  The  expert  shall  cause  to  be  constructed  in  the 
places  where  monuments  are  to  be  erected  in  accordance  with 
the  provisions  of  Article  18  (Regulations)  solid  foundations 


REGULATIONS  41 

of  rubble  stone  masonry,  not  less  than  fifty  centimeters  in 
height,  level  on  top  and  square  in  shape,  each  side  being  not 
less  than  fifty  centimeters.  On  these  bases  shall  be  marked 
signs  which  will  permit  the  easy  recognition  and  identification 
of  each  of  such  monuments  in  accordance  with  the  data  indi- 
cated on  the  map. 

Art.  28.  The  expert  shall  follow  the  terms  of  the  denounce- 
ment in  locating  and  measuring  pertenencias  and  shall  indicate 
on  the  map  not  only  the  monuments  of  the  adjoining  mining 
properties  which  may  be  found  outside  of  the  pertenencias  under 
denouncement  but  also  those  which  may  be  found  within  the 
denounced  pertenencias  and  shall  record  such  facts  as  may  be 
brought  to  his  attention  by  the  denouncer,  by  the  owners  of 
adjoining  properties  or  by  anyone  who  may  consider  himself 
harmed  by  his  acts. 

Art.  29.  If,  in  performing  the  work  referred  to  in  Article 
18  (Regulations),  any  actual  resistance  should  be  offered  to 
the  expert  he  may  call  upon  the  local  authorities  for  assistance.18 

Art.  30.  When  the  report  of  the  expert  is  finally  presented 
to  the  Agency,  notice  of  that  fact  shall  be  published  for  fifteen 
days  on  the  bulletin  board  of  the  Agency. 

Art.  31.  When  the  one  hundred  and  twenty  days  referred 
to  in  Article  21  (Regulations)  shall  have  elapsed  without  any 
objection  having  been  filed  or  if  there  has  been  an  objection 
filed  which  is  based  on  any  of  the  matters  referred  to  in  Article 
43  of  the  Law  or  if  the  proceedings  have  been  sent  back  to  the 
Agency  by  a  court  with  a  final  order  favorable  to  the  denouncer, 
the  Agent  shall,  within  fifteen  days  thereafter,  make  a  copy  of 
all  the  proceedings  and  send  it  by  registered  mail  to  the  Depart- 
ment of  Fomento  together  with  three  copies  of  the  map.  In  said 
copy  shall  be  included  a  complete  copy  of  the  extract  of  the 
denouncement.19 

Art.  32.  In  accordance  with  the  provisions  of  Article  27  of 
the  Law  the  interested  party  shall  be  notified  that  a  period  of 
thirty  days  is  allowed  to  him  within  which  to  erect  the  monu- 
ments and  to  certify  to  the  fact  of  such  erection.  For  this 
purpose  a  copy  of  the  map  shall  be  sent  to  him  which  he  shall 

is  See  Law,  Article  106;   Regulations  22. 
is  See  Law,  Articles  37  and  38. 


42  MINING  LAW  OP  MEXICO 

return  duly  certified  showing  the  exact  places  where  monuments 
have  been  placed  and  the  different  signs  that  have  been  placed 
thereon.  Said  certificate  shall  show  as  a  matter  of  certain  fact 
that  the  monuments  have  been  erected  at  the  places  on  the 
ground  indicated  on  the  aforesaid  map  and  shall  be  attested  if 
possible  by  the  expert  who  made  the  map  or  by  another  licensed 
expert  or  if  there  is  none,  then  by  some  practical  expert  of 
recognized  ability.20 

Art.  33.  The  following  rules  shall  be  observed  in  the  placing 
of  monuments: 

I.  The  position  of  monuments  shall  not  be  changed  so  long 

as  the  mining  properties  for  which  they  serve  as  monu- 
ments are  not  changed.  They  shall  be  solidly  con- 
structed and  shall  always  be  kept  in  good  condition.21 

II.  They  shall  be  placed  in  convenient  locations  in  whatever 
number  may  be  necessary  in  order  that  from  each  of  said  monu- 
ments the  monument  on  each  side  thereof  may  be  seen  and 
they  shall  be   distinguished   from  the   monuments  erected   on 
adjoining  mining  properties  by  their  dimensions,  form,  color 
or  some  other  characteristic. 

Art.  34.  When  the  title  of  a  mining  property  has  been  issued 
it  will  be  delivered  to  the  interested  party  or  it  will  be  sent  to 
him  through  the  Mining  Agent  together  with  one  of  the  copies 
of  the  map  sealed  by  the  Department  of  Fomento.  That  depart- 
ment shall  give  notice  to  the  Department  of  Hacienda  of  the 
issuance  of  the  title.22 

As  soon  as  the  Agent  receives  the  title  for  delivery  to  the 
interested  party  he  shall  post  a  notice  on  the  bulletin  board 
for  a  period  of  thirty  days  notifying  the  interested  party  to 
come  and  take  up  his  title.  If  said  period  should  elapse  without 
the  interested  party  taking  up  the  title  it  shall  be  attached  to 
the  proceedings  together  with  the  notice  above  referred  to. 

The  title  must  remain  in  the  Agency  at  the  disposition  of 
the  interested  party  until  the  latter  actually  receives  notice  of 
the  announcement  of  the  forfeiture  of  the  property.  If  this 
point  is  reached  without  the  document  having  been  claimed  it 
shall  be  returned  to  the  Department  of  Fomento. 

20  See  Regulations  47  and  49. 

21  See  Law,  Article  105. 

22  See  Law,  Articles  161  and  162. 


REGULATIONS  43 

Art.  35.  The  publication  referred  to  in  Article  50  of  the 
Law  shall  be  made  for  thirty  days  on  the  bulletin  board  and 
for  ten  consecutive  times  in  the  Official  Publication  of  the  proper 
state,  territory  or  Federal  District. 

Art.  36.  The  notice  in  which  a  mining  property  is  declared 
unlocated  shall  be  published  for  twenty  days  on  the  bulletin 
board  of  the  Agency,  the  time  being  counted  from  the  day  and 
hour  when  the  notice  is  posted  until  the  same  hour  of  the  final 
day,  not  counting  Sundays,  feast  days  or  holidays.23 

CHAPTER  III. 
OBJECTIONS. 

Art.  37.  Only  during  the  ninety  days  immediately  following 
the  date  of  the  publication  of  the  extract24  may  objections  be 
filed  which  are  based  upon  any  of  the  points  indicated  in 
Paragraphs  I  and  II  of  Article  37  of  the  Law.25 

Art.  38.  The  Agent,  as  soon  as  he  receives  a  written  objec- 
tion, shall  give  notice  thereof  to  the  denouncer  by  publication 
for  ten  consecutive  days  on  the  bulletin  board,  in  which  notice 
shall  be  stated  the  names  of  the  objector  and  of  the  denouncer 
and  the  serial  number  of  the  proceedings.  An  entry  shall  be 
made  in  the  proceedings  showing  that  the  publication  has  been 
duly  made  and  the  original  of  the  published  notice  shall  be 
attached  to  the  proceedings. 

Art.  39.  The  same  day  on  which  the  Agent  receives  the 
report  and  maps  from  the  expert  he  shall  summon  the  interested 
parties  to  a  meeting  which  shall  be  held  within  fifteen  days 
thereafter.  This  summons  shall  be  given  by  means  of  an  order 
which  shall  be  sent  by  registered  mail  and  which  shall  also  be 
published  on  the  bulletin  board  for  three  consecutive  days,  the 
receipt  for  the  registered  letter  and  the  original  notice  being 
attached  to  the  proceedings. 

At  the 'meeting  the  Agent  shall  seek  to  bring  the  parties  to 
an  agreement  in  order  to  prevent  any  judicial  action.  A  record 

23  See  Law,  Articles  13  and  146;  Regulations  20.  Article  13  of  the 
Law  and  Article  20  of  the  Regulations  provide  for  different  publica- 
tion in  certain  cases. 

2*  See  Regulations  21. 

23  See  Law,  Article  115;    Regulations  41. 


44  MINING  LAW  OF  MEXICO 

of  everything  that  transpires  shall  be  attached  to  the  pro- 
ceedings.28 

Art.  40.  If  at  the  meeting  the  parties  do  not  reach  an  agree- 
ment nor  exercise  their  option  in  favor  of  administrative  action 
the  Agent  shall  send  the  proceedings  to  the  proper  tribunal 
within  the  period  indicated  in  Article  40  of  the  Law.27 

Art.  41.  In  those  cases  where,  the  proceedings  having  been 
turned  over  to  a  court  before  the  expiration  of  the  ninety  days 
referred  to  in  Article  37  (Regulations),  a  new  objection  is  pre- 
sented which  is  based  on  one  of  the  grounds  referred  to  in 
Article  37  of  the  Law,  the  Agent  shall  not  admit  it  and  shall 
notify  the  objector  that  he  must  apply  to  the  courts  for  the 
establishment  of  his  rights.  If  the  objection  is  based  upon 
grounds  other  than  those  stated  in  the  aforesaid  Article  37  the 
Agent  shall  reserve  action  thereon  and  shall  file  the  objection 
with  the  proceedings  whenever  he  receives  them  from  the  court. 

Art.  42.  If,  in  the  meeting  of  the  interested  parties,  they 
should  exercise  their  option  in  favor  of  administrative  action 
a  record  of  such  determination  shall  be  made  which  shall  be 
signed  by  them  and  the  consideration  of  the  proceedings  shall 
be  continued  until  the  end  of  the  legal  term  indicated  in  Article 
21  (Regulations).28 

Art.  43.  Whenever  the  Department  of  Fomento  announces 
that  an  objection  is  to  be  considered  which  is  based  upon  any 
of  the  matters  referred  to  in  Article  43  of  the  Law  it  shall  give 
orders  that  the  proceedings  be  conducted  by  the  Agent  as  in 
the  case  of  the  objections  referred  to  in  Article  37  of  the  Law. 

Art.  44.  In  passing  upon  objections  in  cases  where  the  parties 
have  exercised  their  option  in  favor  of  administrative  action  in 
accordance  with  Article  41  of  the  Law  the  Department  of 
Fomento  shall  have  the  fullest  jurisdiction  to  order  such  steps 
to  be  taken  as  it  may  deem  proper  in  order  to  explain  its  judg- 
ment and  after  having  heard  the  parties,  who  shall  introduce 
such  evidence  as  would  tend  to  establish  their  respective  rights, 
it  shall  determine  the  matter  in  accordance  with  the  law.29 


26  See  Law,  Articles  32,  39  and  45. 

27  See  Law,  Article  39. 

2«  See  Law,  Articles  37  to  39. 

2»  See  Law,  Articles  37,  43  and  115. 


REGULATIONS  45 


CHAPTER  IV. 

PETITIONS  FOR  THE  REDUCTION  OP  DENOUNCEMENTS,  THE  RECTI- 
FICATION, REDUCTION  AND  SUBDIVISION  OF  MINING  PROPERTIES, 
THE  ESTABLISHMENT  OF  EASEMENTS,  THE  AUTHORIZATION 
OF  MEDIUMS  OF  TRANSPORTATION,  EXPLORATIONS, 
EXPROPRIATION  AND  PERMITS  TO  FOREIGNERS. 

Art.  45.  Petitions  for  the  reduction  of  a  denouncement 
which  is  still  pending,  must  be  published  for  twenty  days  on 
the  bulletin  board  of  the  Agency  and  for  a  single  time  within 
that  same  period  in  the  Official  Publication  of  the  proper  state, 
territory  or  Federal  District  and  the  interested  party  must 
furnish  one  copy  of  the  newspaper  in  which  the  publication 
has  been  made  before  the  end  of  the  term  of  one  hundred  and 
twenty  days  allowed  for  the  conclusion  of  the  proceedings. 

If,  at  the  time  a  reduction  is  petitioned  for,  the  expert  has 
not  filed  the  maps,  the  Agent  will  notify  him  so  that  he  may 
make  new  measurements  and  deliver  his  report  and  maps  within 
the  time  yet  remaining  of  the  term  of  sixty  days  referred  to  in 
Article  21  (Regulations). 

Whenever  the  maps  have  already  been  presented  at  the  time 
a  reduction  is  prayed  for,  the  Agent  shall  instruct  the  same 
expert  if  possible  and  if  not,  he  shall  appoint  another  expert  to 
make  new  measurements  and  file  his  report  and  maps  within 
whatever  time  remains  of  the  term  of  sixty  days. 

When  the  twenty  days  for  the  publication  on  the  bulletin 
board  have  elapsed  the  Agent  may  admit  denouncements  of 
the  excess,  unoccupied  ground. 

Art.  46.  Where  a  reduction  of  the  number  of  pertenencias 
in  a  mining  property,  title  to  which  has  already  been  granted, 
is  sought  under  the  provisions  of  Article  52  of  the  Law,  the 
appointment  of  the  expert  and  the  delivery  of  the  necessary 
report  and  maps  shall  be  made  in  accordance  with  the  provisions 
of  Articles  18,  19,  20  and  21  (Regulations).30  When  the  report 
of  the  expert  has  been  received  by  the  Agent  he  shall  send  a 
copy  of  the  proceedings  to  the  Department  of  Fomento  within 
fifteen  days  and  shall  accompany  said  copy  with  the  title  and 

so  See  Regulations  45. 


46  MINING  LAW  OF  MEXICO 

map  as  well  as  the  other  documents  referred  to  in  Article  50 
(Regulations). 

Art.  47.  In  case  of  the  rectification  of  a  mining  property, 
title  to  which  has  been  issued,  which  is  sought  in  accordance 
with  Article  53  of  the  Law,  the  proceedings  shall  be  the  same 
as  for  a  new  denouncement  and  the  monuments  shall  be  located 
in  accordance  with  the  provisions  of  Article  32  (Regulations). 

When  the  proceedings  have  been  concluded  the  Agent  shall 
send  a  copy  of  them  to  the  Department  of  Fomento  and  when 
the  latter  has  approved  them  it  shall  give  orders  to  the  Agent 
to  deliver  to  the  interested  party  a  certified  copy  of  the  later 
proceedings  so  that  he  may  add  it  to  his  title  of  ownership. 

Art.  48.  Petitions  for  the  rectification  of  titled  mining  prop- 
erties, which  are  referred  to  in  Articles  54  and  55  of  the  Law, 
shall  be  acted  upon  as  in  the  case  of  a  new  denouncement. 

Art.  49.  Petitions  for  the  subdivision  of  a  mining  property 
into  two  or  more  properties  shall  be  directed  to  the  Department 
of  Fomento  either  directly  or  through  the  local  Mining  Agency 
together  with  such  maps  in  quadruplicate  as  may  be  required 
for  the  proposed  subdivision.  A  report  shall  accompany  such 
petition  which  shall  be  made  by  a  licensed  expert  and  if  there 
is  no  such  expert,  by  a  practical  expert  of  recognized  ability. 
The  map  shall  be  authenticated  by  the  expert.  The  interested 
party  shall,  at  the  same  time,  deposit  the  documents  and  other 
papers  mentioned  in  Article  50  (Regulations)  as  well  as  the 
stamps  required  on  the  new  titles.31  When  the  maps  have  been 
approved  by  the  Department  it  will  set  a  proper  time  in  accord- 
ance with  Article  32  (Regulations)  for  the  establishment  of 
the  monuments  to  indicate  the  perimeters  of  the  new  properties 
and  if  the  interested  party  does  not  carry  out  this  direction  his 
petition  shall  be  considered  abandoned.32 

Art.  50.  The  following  documents  must  accompany  the  peti- 
tions for  reduction,  rectification  or  subdivision  of  a  mining 
property,  title  to  which  has  already  been  issued. 

I.  The  original  title  together  with  a  map  of  said  property. 

II.  Evidence  showing  that  the  property  involved  is  up  to 

date  in  the  payment  of  federal  mining  taxes. 

si  See  Law,  Article  16. 
»2See  Law,  Article  60. 


REGULATIONS  47 

III.  Documents  showing  that  the  petitioner  is  the  owner  of 
the  property  or  that  he  is  legally  authorized  by  the 
owner  to  file  the  petition. 

V.  In  cases  where  reduction  is  sought  it  is  also  necessary 
to  attach  a  certificate  showing  that  the  property  is 
free  from  all  encumbrance  or  to  present  a  legal  docu- 
ment showing  the  consent  of  the  mortgage  creditors  to 
the  proposed  reduction.33 

Art.  51.  A  report  signed  by  a  licensed  expert  or  if  there 
is  none,  by  a  practical  expert  of  recognized  ability,  must  accom- 
pany a  petition  for  the  establishment  of  an  easement  which  is 
presented  to  the  Department  of  Fomento  in  accordance  with 
the  provisions  of  Article  72  of  the  Law.  Such  report  shall 
show  the  necessity  for  and  the  extent  of  the  proposed  ease- 
ment.34 

When  the  petition  is  presented  the  owner  of  the  servient  estate 
shall  be  summoned  by  official  notice  and  notified  that  in  case 
he  does  not  appear  on  the  day  cited  an  order  will  be  entered 
allowing  the  petition.  The  Department  of  Fomento,  after 
having  heard  the  owner  of  the  servient  estate  or,  in  the  eventi 
that  he  fails  to  attend  on  the  day  on  which  he  is  cited  to  appear, 
after  having  taken  such  other  steps  as  it  may  consider  necessary, 
shall  announce  its  decision.35 

Art.  52.  Whenever  the  easement  of  passage  referred  to  in 
Article  63  of  the  Law  is  sought  to  be  imposed,  the  Department 
of  Fomento  shall  in  each  case  determine  the  methods  of  trans- 
portation which  it  considers  proper.  The  interested  parties 
shall  file  with  their  petition  such  reports  and  maps  made  by 
experts  as  they  may  think  proper  and  shall  send  to  the  said 
Department  all  the  data  which  it  may  consider  necessary.36 

Art.  53.  Petitions  for  permits  to  explore  unlocated  property 
shall  be  presented  in  duplicate  together  with  a  certificate  issued 
by  a  licensed  expert  from  which  it  appears  that  in  the  proposed 
zone  of  exploration  no  mining  work  has  ever  been  done  and 
that  the  boundaries  of  said  zone  are  distant  at  least  two  hundred 
meters  from  the  boundaries  of  the  nearest  mining  properties. 

33  See  Law,  Article  60;   Regulations  46  and  49. 

34  See  Law,  Articles  63  and  87. 

3.r>  See  Law,  Articles  61,  71,  82,  84  and  109. 
so  See  Law,  Article  87. 


48  MINING  LAW  OF  MEXICO 

The  Agent  shall  return  to  the  interested  party  the  duplicate 
of  his  petition  after  having  noted  thereon  the  day  and  hour 
when  it  is  filed.87 

Art.  54.  If  the  exploration  is  to  be  made  on  land  belonging 
to  a  private  owner  the  explorer  shall  petition  the  owner  or  his 
representative  for  the  necessary  permit.  In  case  either  one 
of  them  gives  him  such  permit  he  will  execute  to  the  explorer* 
a  proper  document  which  shall  be  presented  to  the  Mining  Agent 
in  order  that  he  may  register  the  same  and  return  it.  The 
explorer  must  prove  that  the  person  who  executed  the  permit 
is  the  owner  of  the  land  or  that  he  is  duly  authorized  by  the 
owner  to  execute  such  permit. 

Art.  55.  If  the  explorer  should  not  obtain  a  permit  from  the 
owner  or  from  his  representative  he  may  petition  the  Mining 
Agent  for  such  permit  stating  in  his  petition  the  residence  of 
the  owner  and  the  name  of  a  surety  whom  he  proposes  as  security 
for  the  damages  and  losses  which  may  be  occasioned  by  the 
exploration  work.  The  Agent  shall  publish  the  petition  on  the 
bulletin  board  for  fifteen  days  and  shall  notify  the  owner  by 
an  official  notice  advising  him  that  if  he  does  nothing  in  reply 
thereto  he  will  be  understood  to  consent  to  the  petition.  When 
the  period  fixed  for  the  publication  of  the  notice  has  passed 
the  Agent  shall  set  a  period  of  thirty  days  for  the  execution 
and  approval  of  the  bond  which  will  be  taken  under  his  respon- 
sibility. When  the  bond  is  executed  the  Agent  shall  give  to 
the  explorer  the  necessary  permit  in  which  the  location  of  the 
zone  of  exploration  and  the  fixed  point  which  shall  serve  as 
its  center  shall  be  stated.  —, 

Art.  56.  The  Agent  shall  publish  on  the  bulletin  board  for' 
thirty  days  an  extract  of  the  permit  which  shall  contain  the 
name  of  the  explorer,  the  fixed  point  of  easy  identification 
which  serves  as  a  center  for  the  zone  of  exploration,  the  location 
of  said  zone,  the  day  on  which  the  period  mentioned  in  Para- 
graph IV  of  Article  124  of  the  Law  commences  and  the  day  on 
which  it  terminates. 

In  every  case  the  Agent  shall  endorse  on  the  permit  or  on 
the  proof  of  the  notice  that  the  exploration  work  shall  be  subject 
to  the  provisions  of  the  Mining  Police  Regulations.88 

«T  See  Law,  Article  124. 

38  These  have  not  yet  been  published. 


REGULATIONS  49 

Art.  57.  Petitions  for  expropriation  referred  to  in  Article 
88  of  the  Law  shall  be  presented  to  the  Department  of  Fomento 
directly  or  through  the  local  Mining  Agent  accompanied  by  a 
report  made  by  a  licensed  expert  or  if  there  is  no  such  expert, 
by  a  practical  expert  of  recognized  ability  and  by  the  proper 
maps  authenticated  by  such  expert  so  that  the  Department  of 
Fomento  after  considering  all  the  facts  of  the  case  and  having 
heard  the  owner  of  the  land,  may  enter  a  proper  order.89 

Art.  58.  The  publication  referred  to  in  Article  95  of  the 
Law  shall  be  made  for  thirty  days  on  the  bulletin  board  of 
the  Agency  and  in  the  Diario  Oficial  of  the  federal  government. 

Art.  59.  Petitions  for  the  permits  referred  to  in  Articles  136, 
137  and  138  of  the  Law  shall  be  directed  tv  the  Department  of 
Fomento  either  directly  or  through  the  local  Mining  Agent  at 
the  time  when  a  denouncement  is  presented  or  within  the  sixty 
days  following  its  admission. 

These  permits  shall  be  issued  with  the  understanding  which 
shall  be  expressly  stated  therein,  that  mining  properties  are 
wholly  subject  to  the  Mexican  laws,  that  no  right  or  claim  based 
upon  foreign  citizenship  may  be  made  with  respect  thereto, 
that  the  courts  of  the  Republic  are  the  only  courts  competent 
to  consider  any  question  which  may  arise  regarding  such  prop- 
erties, and  that  the  intervention  of  any  foreign  authority  will 
not  be  permitted. 

"See  Law,  Articles  87,  107,  118  and  119;   Regulations  51  and  52. 


SCHEDULE 

FOR  THE  PAYMENT  OF  FEES  TO  THE  AGENTS 
OF  THE  DEPARTMENT  OF  FOMENTO, 
BUREAU  OF  MINES.40 

Art.  1.  Upon  the  filing  of  a  notice  of  the  exploration  of 
lands  belonging  to  private  parties  accompanied  by  the  permit 
of  the  owner  of  said  land  or  upon  the  filing  of  a  petition  for 
the  permit  for  the  exploration  of  government  lands  there  shall 
be  paid  four  pesos  for  all  the  proceedings  but  if  the  permit 
is  sought  from  the  Agency  in  a  case  where  the  owner  of  the 
land  does  not  wish  to  give  such  a  permit,  eight  pesos  shall  be 
paid  for  all  the  proceedings. 

Art.  2.  For  the  complete  proceedings  in  connection  with  a 
denouncement  up  to  the  delivery  of  the  title  including  a  copy 
of  the  proceedings  unless  during  the  proceedings  a  reduction 
of  the  number  of  pertenencias  is  petitioned  or  an  objection  is 
filed  there  shall  be  paid  in  the  following  order,  the  following 
fees: 

I.  Two  pesos  at  the  time  of  the  filing  of  the  denounce- 

ment, for  the  registration  thereof. 

II.  Ten  pesos  when  the  Agent  admits  the  denouncement. 

III.  Eighteen  pesos  when  the  denouncer  receives  the  copy 

of  the  extract  of  the  petition,  for  publication. 

Art.  3.  For  the  proceedings  based  upon  a  petition  for  the 
reduction  of  the  pertenencias  in  a  denouncement  which  is  pend- 
ing, eight  pesos  upon  the  presentation  of  said  petition. 

Art.  4.  For  the  complete  proceedings  in  connection  with 
the  petition  for  the  rectification  of  a  mining  property,  title  to 
which  has  already  been  issued,  in  any  of  the  cases  mentioned 
in  Articles  53,  54  and  55  of  the  Law,  up  to  the  time  when  the 
new  title  or  the  copy  of  the  later  proceedings  which  are  to  be 


4°  See  Law,  Article  35;    Regulations  12.    This  Schedule  of  Pees  was 
published  by  the  Department  of  Fomento  December  16,  1909. 

50 


SCHEDULE  OF  FEES  51 

attached  to  the  old  title  is  delivered,  unless  during  said  pro- 
ceedings objections  are  filed,  there  shall  be  paid  in  the  following 
order  the  following  fees: 

I.  Ten  pesos  at  the  time  of  the  presentation  of  the  petition, 

II.  Eighteen  pesos  at  the  time  the  petitioner  receives  the 

copy  of  the  extract  of  the  petition  for  publication. 

Art.  5.  For  the  proceedings  in  connection  with  a  petition 
for  the  subdivision  of  a  mining  property,  up  to  the  delivery 
of  the  titles  to  the  new  properties,  there  shall  be  paid  five  pesos 
at  the  time  the  petition  is  filed. 

Art.  6.  For  all  the  proceedings  with  reference  to  the  reduc- 
tion of  pertenencias  in  a  mining  property,  title  to  which  has 
already  been  issued,  ten  pesos  which  shall  be  paid  at  the  time 
the  petition  is  filed. 

Art.  7.  For  all  the  proceedings  with  relation  to  petitions 
for  expropriation  or  for  an  easement  if  the  Agent  takes  any 
part  therein  there  shall  be  paid  in  each  case  at  the  time  the 
petition  is  filed.41 

Art.  8.  In  case  of  an  objection  to  a  denouncement  the  de- 
nouncer shall  pay  for  the  proceedings  before  the  Agency  ten 
pesos  at  the  time  the  meeting  for  the  purpose  of  securing  an 
agreement  of  the  parties  is  held  and  shall  reserve  the  right 
to  recover  said  payment  from  the  objector  in  a  suit  brought  for 
that  purpose. 

Art.  9.  For  the  copy  of  the  orders  which  may  have  been 
entered  in  suits  where  objections  to  the  denouncement  of  mining 
properties  are  determined,  which  copy  shall  include  all  the 
proceedings  which  the  Agent  sends  to  the  Department  of  Fo- 
rnento,  at  the  rate  of  two  pesos  for  each  sheet  or  fraction  thereof. 

Art.  10.  For  the  scrutiny  and  authentication  of  maps,  two 
pesos. 

For  the  certified  copy  of  the  report  of  an  expert  and  for 
all  kinds  of  documents  which  Mining  Agents  may  issue  at  the 
petition  of  the  interested  parties,  at  the  rate  of  two  pesos  for 
each  sheet  or  fraction  thereof. 

For  noting  upon  any  document  the  fact  of  its  having  been 
filed,  one  peso. 

41  This  article  is  evidently  defective  as  the  amount  to  be  paid  is 
omitted. 


52  SCHEDULE  OF  FEES 

Art.  11.  For  searching  for  proceedings  or  other  documents 
in  the  archives,  one  peso. 

When  the  interested  party  does  not  furnish  sufficient  data  and 
it  is  necessary  to  search  through  the  documents  belonging  to 
more  than  one  year,  one  peso  for  each  year  of  the  search. 

Art.  12.  The  Agent  shall  be  entitled  to  receive  only  those 
fees  fixed  by  this  schedule  and  shall  consult  with  the  Department 
of  Fomento-  regarding  what  ought  to  be  the  amount  of  his  fees 
in  cases  not  provided  for  herein. 

Art.  13.  Whenever  the  course  of  the  proceedings  is  inter- 
rupted for  any  reason  which  is  not  chargeable  to  the  Agent 
he  shall  not  be  compelled  to  return  the  fees  which  he  may  have 
received. 

Art.  14.  If,  on  account  of  irregularities  committed  by  a 
Mining  Agent,  it  should  be  necessary  to  go  through  the  pro- 
ceedings a  second  time,  this  shall  be  done  at  the  expense  of 
the  Agent  who  shall  have  no  right  to  collect  new  fees  for  the 
same. 


CHRONOLOGICAL    OUTLINE    OF    MINING 

PROCEEDINGS    AND   GENERAL 

PROVISIONS 


The  several  steps  in  the  proceedings  by  which  a  license  can  be 
obtained  from  the  Government  to  operate  or  explore  mining  property 
are  detailed  in  the  Law  and  Regulations  but  not  chronologically.  In 
order  to  give  a  comprehensive  idea  of  the  entire  proceedings  from 
the  time  a  denouncement  or  petition  is  filed  until  the  title  is  issued  or 
final  order  entered,  a  statement  or  outline  of  the  successive  steps,  with 
references  to  the  provisions  of  the  law  which  affect  each  step,  is 
appended.  The  provisions  that  refer  to  expropriation,  the  establish- 
ment of  easements,  the  reduction,  rectification  and  subdivision  of 
pertenencias  and  mining  properties  and  the  rules  regarding  the 
ownership  of  mines  within  the  free  zone  by  foreigners  and  foreign 
corporations  are  also  grouped  together  under  their  proper  headings 
in  the  following  table. 

("L"  refers  to  Law;  "R"  to  Regulations;  "S"  to  Schedule  of  Fees; 
all  numbers  refer  to  articles  and  are  inclusive.) 

I.     MINING  AGENCIES  AND  AGENTS. 

Districts  determined  and  Agents  appointed  by  Fomento.  L.  149. 
Duties  and  responsibilities  of  Agents.  L.  31,  98,  99,  101.  R.  1-9. 
Fees  of  Agents.  L.  150.  R.  12.  S.  1-14. 

II.    EXPLORATIONS. 
Substances  covered  by  Law.    L.  1. 
Substances  not  covered  by  Law.    L.  2. 
Exploitation  without  license  or  title.    L.  102. 
Exploration  of  beds  of  rivers.    L.  135. 
Exploration  in  government  land.     L.  124.     R.  53,  56. 
On  private  property  with  consent  of  owner.    L.  124.    R.  54. 
On  private  property,  permit  from  Agent.    L.  124.    R.  55,  56. 
Fee  for  filing  permit  or  petition.    S.  1. 

III.     DENOUNCEMENTS. 
Definition  of  terms.     L.  4-6. 

Requisites  of  petition.    L.  15,  17,  19,  20.    R.  13-17. 
Pertenencias  must  be  unlocated.    L.  12,  13.    R.  36. 
Disability  of  denouncer.    L.  14. 

Denouncement  filed  where.    L.  21,  22,  24.    R.  10,  13-15. 
Deposit  required  to  cover  stamps.    L.  16,  18,  34,  36. 
Agent  files  and  records  denouncement    L.  21,  22.    R.  7,  8. 

53 


54  MINING  LAW  OF  MEXICO 

Fee  of  Agent  for  filing  and  recording.    L.  35,  150.    R.  12.    S.  2. 

Denouncer  may  nominate  expert.    R.  18-20. 

Agent  must  admit  or  reject  within  three  days.    L.  23,  146. 

Refusal  to  admit  reviewable  by  Fomento.    L.  23,  48.    R.  11. 

Agent  punishable.    L.  98,  99,  101,  107. 

Fees  at  time  denouncement  admitted.    S.  2. 

Agent  appoints  expert  within  three  days  after  admission.    R.  18,  19. 

Appointment  final  when.    R.  19. 

Expert  must  accept  when.    R.  20. 

Expert  punishable.    L.  98,  99,  101,  107. 

Agent  fixes  period  60  days  (78  days  after  denouncement  filed)  for 
filing  report  and  maps.  L.  25.  R.  18,  21. 

Agent  prepares  extract  within  18  days  after  denouncement.    R.  21. 

Denouncer  pays  further  fee.     S.  2. 

Denouncer  and  Agent  publish  extract    R.  21. 

Duties  and  powers  of  expert.    L.  25,  100,  101,  106.    R.  18,  22,  24-29. 

Maps,  requisites  of.    L.  25.    R.  18,  25. 

Fee  for  authentication  of  maps.    S.  10. 

Report  of  expert  must  contain  certain  data.    R.  26. 

Report  published.    R.  30. 

Fee  for  copy.    S.  10. 

Interference  with  expert  punished.    L.  106,  107.    R.  22. 

Monuments  to  be  erected.    R.  18,  27,  28,  32,  33. 

Proceedings  concluded  in  120  days  (138  after  denouncement).    R.  21. 

Acts  and  decisions  of  Agent  reviewable  by  Fomento.    L.  48.    R.  11. 

Agent  reports  to  Fomento  within  15  days  after  120  days  (153  days 
after  denouncement).  L.  26.  R.  31. 

Fomento,  approving  proceedings,  notifies  denouncer  to  construct  monu- 
ments. L.  27.  R.  32. 

Denouncer  must  construct  within  30  days.    L.  27.    R.  32,  33. 

Destruction  of  monuments.    L,  105,  107. 

Fomento  may  require  amendments.    L.  28-31. 

Reduction  in  pertenencias.    L.  46.    R.  45,  50. 

Fee  for  filing  petition  for  reduction.    S.  3. 

Increase  in  pertenencias  not  permitted.    L.  47. 

Title  issued  when  Fomento  finally  approves  proceedings.  L.  11,  49, 
152.  R.  34. 

Fomento  may  refuse  title  for  reasons  of  public  policy.    L.  50. 

Title  may  be  annulled  within  three  years.    L.  116. 

Exploitation  without  title.    L.  102. 

Denouncer  pays  five  pesos  per  pertenencia  for  title.  Handbook,  pages 
173,  196.  Stamp  Law,  Fraction  101,  Article  14. 

Annual  taxes  six  pesos  for  each  of  first  25  pertenencias  and  three 
pesos  for  each  pertenencia  in  excess  of  25.  Handbook,  page  173. 

Anyone  may  pay  taxes.    L.  145. 

Title  lapses  for  failure  to  pay  taxes.    L.  61. 

Lost  titles  replaced.    L.  151. 


CHRONOLOGICAL  OUTLINE  55 

Denouncer  may  abandon  denouncement  at  any  time.    L.  33. 

Certified  copies  of  proceedings  and  documents.    S.  10,  11. 

Civil  Code  applies  to  mining  properties  after  title  Issued.    L.  3,  123. 

IV.     OBJECTIONS. 

Certain  objections  filed  with  Agent.    L.  37,  38.    R.  21,  23. 
Must  be  filed  within  90  days  after  extract  published  (148  days  after 

denouncement).    R.  37. 

Agent  publishes  notice  that  objections  filed.    R.  38. 
When  report  and  maps  filed  parties  notified  of  meeting.    L.  39.    R.  39. 
Denouncer  pays  additional  fee.    S.  8. 
Notice  of  meeting  published.    R.  39. 
Parties  compelled  to  attend  meeting.    L.  32. 

Parties  must  choose  how  objections  to  be  determined.    L.  40.    R.  40. 
Unless  administrative  action  chosen  proceedings  go  to  courts.    L.  40, 

107,  108,  110.    R.  40. 

Parties  in  collusion,  punishment.    L.  99. 
If  parties  elect  administrative  action,  procedure.    R.  42,  44. 
Later  objections  under  L.  37  determined  by  courts.    R.  41. 
Objections  on  other  grounds  decided  by  Fomento.    L.  43-45. 
Fomento  considering  objections,  procedure.    L.  39-43.    R.  44. 

V.    DETERMINATION  OF  OBJECTIONS  BY  COURTS. 
Parties  may  withdraw  objections  by  agreement.    L.  42. 
Jurisdiction  of  courts.    L.  107,  108,  123. 
Procedure,  burden  of  proof.    L.  112. 

Procedure,  complaint,  answers,  presumptions.    L.  113-115,  117,  146,  147. 
Government  may  intervene  to  watch  proceedings.    L.  121. 
Decision  of  court  communicated  to  Fomento.    L.  122. 
Fees  for  copies  of  documents  and  proceedings.    S.  9. 

VI.     INCIDENTS  OF  OWNERSHIP  OF  MINES. 
Substances  which  can  be  mined.    L.  1,  7. 
Dumps  constitute  accessions.    L.  134. 
Use  of  water  In  mines.    L.  9. 
Mining  contracts  subject  to  Commercial  Code.    No  lesidn.    L.  79,  81. 

123. 

Mining  shares,  value  of.    L.  80. 

Ownership  of  mines,  recording  of  documents.    L.  3,  82,  83,  85,  86. 
Crimes.    L.  97,  102,  104,  105,  107,  111,  120,  121,  122. 
Operation   of  mines,  precautionary  provisions.    L.  101,  125,  126,  129-133. 
Encroachments  on  other  properties.    L.  127,  128. 
Tunnels,  right  to  construct.    L.  148. 
Regulations.    L.  153. 
Prescriptive  rights.    L.  146,  147. 
Exploitation  without  title.    L.  102. 
Anyone  may  pay  taxes.    L.  145. 
Title  lapses  for  failure  to  pay  taxes.    L.  51. 
Lost  title  replaced.    L.  151. 


56  MINING  LAW  OF  MEXICO 

VII.    EXPROPRIATION. 
Scope  of  right.    L.  10,  87. 

Petition  for  expropriation,  Fomento  considers.    L.  88.    R.  57. 
Fees  to  Agent    S.  7. 

Fomento  may  order  possession  given  to  miner.    L.  89. 
Appeal  to  courts  by  miner  to  obtain  possession.    L.  90,  107,  108,  110, 

118. 

Surface  owner  may  appeal  to  courts.    L.  91,  107,  108,  110. 
Deed  of  adjudication.    L.  92,  93. 
Miner  may  appeal  to  court  when  expropriation  disallowed  by  Fomento. 

L.  94,  107,  108,  110,  117-119,  121,  122. 

Procedure  in  expropriation  matters.    L.  95,  117-119.    R.  58. 
Right  to  recover  land  when  use  by  miner  ceases.    L.  96. 

VIII.     EASEMENTS. 

Mining  easements  defined  and  established.    L.  61-71,  77.    R.  52. 
Petition  to  Fomento  to  establish  easement.    L.  72.    R.  51. 
Decision  of  Fomento  final  when.    L.  73-75. 
If  objection  filed  petitioner  gives  bond.    L.  74. 
Easement  refused  by  Fomento,  petitioner  may  apply  to  courts.    L.  76, 

107,  109,  110,  117,  121,  122. 
Fees,  petitions  for  easements.    S.  7. 
Extension  of  easements.    L.  78. 

Recording  of  documents  establishing  easements.    L.  82,  84,  86. 
Penalties  for  illegal  exercise  of  easements.    L.  103. 

IX.     REDUCTION  OF  PERTENENCIAS. 
Petitions  for  reduction.    L.  52.    R.  46,  50. 
Fees  of  Agent.    S.  6. 

X.     RECTIFICATION  OF  MINING  PROPERTIES. 
Rectification  of  location.    L.  53,  57,  59.    R.  47,  50. 
Rectification  of  titles.    L.  54-56,  58,  59.    R.  48,  50. 
Appeals  to  courts.    L.  107,  108,  110,  112,  114,  117,  121,  122. 
Fees  of  Agent.    S.  4. 

XI.     SUBDIVISION  OF  MINING   PROPERTIES. 
New  maps  and  title  required.    L.  60.    R.  49,  50. 
Fees  of  Agent.    S.  5. 

XII.  PERMITS  TO  FOREIGNERS. 

To  hold  land  within  fifty  miles  of  an  international  boundary.     L.  136- 
138,  140,  141,  143,  144.    R.  59. 

XIII.  FOREIGN  CORPORATIONS. 

May  not  own  mines  within  fifty  miles  of  an  international  boundary. 
L.  139,  140,  142,  144. 


INDEX 


The  figures  preceded  by  the  letter  "L"  refer  to  the  articles  of  the 
Law  which  begins  on  page  1,  Article  1,  and  runs  to  page  30,  Article 
153.  The  figures  preceded  by  the  letter  "T"  refer  to  the  transitory 
articles  which  are  printed  on  pages  30  to  32,  Articles  1  to  9.  The 
figures  preceded  by  the  letter  "R"  refer  to  the  articles  of  the  Regula- 
tions which  begin  on  page  33,  Article  1  and  end  on  page  49,  Article 
59.  The  figures  preceded  by  the  letter  "S"  refer  to  the  articles  of  the 
Schedule  of  Fees  which  is  printed  on  pages  50  to  52,  Articles  1  to  14. 
The  figures  preceded  by  the  letter  "P"  refer  to  pages.  All  numbers 
are  inclusive. 

ABANDONMENT,  of  denouncement,  L.  33. 
ADJOINING  OWNERS,  expert  must  consider  rights  of,  R.  28. 

may  secure  rectification  of  location,  L.  56. 
ADMISSION,  denouncements,  L.  23.    R.  18. 

fees  payable,  S.  2. 
AGENCY,  see  MINING  AGENCY. 
AGENTS,  absence  of,  R.  5. 

admit  denouncements,  L.  23.    R.  18. 

appeals  from  findings  of,  L.  48.    R.  11. 

appoint  experts,  R.  18,  19,  20,  22. 

appointed  by  Fomento,  L.  149.    R.  2. 

assistants  to,  R.  4. 

death  of,  R.  6. 

denouncements,  duties  of  Agents,  L.  21. 

duties  of,  R.  1,  2,  5-9. 

explorations,  license  issued  for,  L.  124. 

fees  of,  L.  35,  36,  150.    R.  12.    S.  1-14. 

file  and  record  denouncements,  L.  21,  24.    R.  7,  8. 

Fomento  reviews  decisions  of,  L.  48.    R.  11. 

impediments  preventing  action  by,  R.  4,  8,  9. 
AGENTS,  Interested  in  business,  R.  9. 

may  legalize  documents,  L.  34. 

mistake  of,  fees,  S.  14. 

monthly  report,  R.  7. 

objections  filed  with,  L.  37,  38.    R.  21,  23. 

objections  acted  on  by,  R.  39,  40. 

permits  for  exploration,  R.  55. 

publication  by,  R.  38. 

punishment  of,  L.  98,  99,  101,  107. 

qualifications  of,  R.  1. 

57 


58  INDEX. 

AGENTS— Continued. 

relatives  of,  interested  in  matter,  R.  9. 

report  proceedings  to  Fomento.  L.  26.    R.  31. 

responsibility  of,  L.  31,  98,  99,  101. 
AMENDMENT,  increase  of  number  of  pertenencias,  L.  47. 

of  proceedings,  L.  29. 

reduction  of  number  of  pertenencias,  L.  46. 
APPEALS,  effect  of,  R.  11. 

pending,  T.  4. 

to  Fomento,  R.  19. 

suspend  proceedings,  R.  19. 

AQUEDUCTS,  legal  easement  of,  L.  61,  62,  71-77. 
ARCHIVES,  inventory  of,  must  be  kept,  R.  7. 

search  of,  fees  for,  S.  11. 
ATTORNEY  IN  FACT,  may  denounce,  L.  20. 
BOUNDARIES,  determination  of,  gives  no  right  to  occupy,  R.  24. 

stated  in  denouncement,  L.  17. 
BULLETIN  BOARD,  publication  on,  R.  21,  34-36,  38,  45,  56,  58. 

where  kept,  R.  7. 
CIVIL  CODE  OF  FEDERAL  DISTRICT,  applies  when,  L.  3,  123. 

governs  easements,  L.  62,  77. 

regulates  ownership  of  mines,  L.  3. 
COAL,  mining  of,  subject  to  Regulations,  L.  133. 

not  a  mineral,  L.  2. 
COMMERCIAL  CODE,  governs  certain  acts,  L.  79. 

governs  suits,  L.  123. 
COMMERCIAL  REGISTER,  mining  documents  recorded  in,  L.  82,  83, 

85,  86. 

COMPANY,  mining,  value  of  property  of,  L.  80. 
CONDITIONS,  of  ownership  of  mines,  L.  3. 
CONTRACTS,  existing,  continued,  T.  2. 

lesidn  not  recognized  in  mining,  L.  81. 

mining,  see  MINING  CONTRACTS. 

recording  of,  L.  3,  82,  83,  85,  86.    T.  6. 

shares,  value  of,  L.  80. 
CORPORATIONS,  foreign,  may  not  acquire  mines  in  Free  Zone,  L. 

140,  142,  144. 
COURTS,  actions  pending,  continued,  T.  4. 

expropriation  proceedings,  L.  90-95,  107,  108,  110,  117-119,  121,  122. 

final  orders  of,  communicated  to  Fomento,  L.  122. 

government  intervenes  in  proceedings,  L.  121. 

jurisdiction  of,  L.  107,  108,  123. 

objections  determined  by,  R.  41. 

objections  forwarded  to,  L.  40,  107,  108,  110.    R.  40. 

objections,  procedure,  L.  112-115,  117,  146,  147. 

objections  withdrawn  from,  L.  42. 


INDEX.  59 

COURTS— Continued. 

presumptions,  L.  115. 

proceedings,  copies  of,  S.  9. 

running  of  time,  L.  146. 

suits  in,  L.  107-123. 
CRIMES,  defined,  L.  97,  102,  104,  106. 

jurisdiction  of  courts,  L.  107,  111. 

Penal  Code  of  Federal  District  governs,  generally,  L.  97. 

procedure,  federal  code  followed,  L.  107,  111,  120-122. 
DEFAULT,  denouncer  in,  cannot  denounce  other  ground,  L.  14. 

disobedience  of  Fomento  orders  constitutes,  L.  30. 

disobedience  of  Law  or  Regulations  constitutes,  L.  28,  32. 

excuse  of,  L.  32,  45. 

failure  to  attend  meetings,  L.  45. 

failure  to  erect  monuments,  L.  27.    R.  32. 

failure  to  furnish  stamps,  L.  34. 

failure  to  pay  fees,  L.  35. 

prevents  abandonment,  L.  33. 
DEMASIA,  defined,  L.  6. 
DENOUNCEMENTS,  R.  13-36. 

abandonment  of,  L.  33. 

admission  of,  L.  23,  24,  48,  146.    R.  11,  17,  18. 

Agent  files  and  records,  L.  21,  22.    R.  7,  8. 

amendment  of,  L.  21,  29,  30. 

appeal  to  Fomento,  R.  19. 

appointment  of  expert,  R.  18-20. 

conclusion  of,  R.  31. 

copies  of  documents  and  proceedings,  S.  10,  11. 

defaults,  see  DEFAULT. 

defect  in,  L.  28. 

definition  of  terms,  L.  4-6. 

deposit  to  cover  stamps,  L.  16, 18,  34,  36. 

disability  of  denouncer,  L.  14. 

earlier,  effect  of,  L.  37. 

errors  in,  explained  by  expert,  R.  26. 

expert,  duties  and  powers  of,  L.  100,  101,  106,  107.     R.  18,  20,  22, 
24-30. 

expert,  nominated  by  denouncer,  R.  18-20. 

extract,  R.  21. 

fees  for  approving  maps,  S.  10. 

fees  for  copies  of  orders,  S.  9. 

fees  for  objections,  S.  8. 

fees  payable,  L.  35,  150.    R.  12.    S.  2. 

filed  where,  L.  21,  22,  24.    R.  10,  13-15. 

filed  by  Agent,  L.  21,  22.    R.  7,  8. 

Fomento  may  require  amendments,  L.  28-31. 

Fomento  reviews  proceedings,  L.  48.    R.  11. 

form  of,  L.  15. 

hearing  on,  transferred  to  courts,  L.  40. 


60  INDEX. 

DENOUNCEMENTS— -Continued. 

increase  of  pertenencias  not  allowed,  L.  47. 

interference  with  expert  punished,  L.  106,  107. 

location  of,  right  of  occupancy,  R.  24. 

made  by  whom,  L.  20. 

maps,  preparation  of,  requisites  of,  filing  of,  L.  25.    R.  18,  21,  24, 
25,  31.    S.  10. 

Mining  Agent,  duty  of,  L.  21. 

monuments,  L.  27.    T.  7.    R.  18,  27,  28,  32,  33. 

monuments,  destruction  of,  L.  105,  107. 

notice  of  appointment  of  expert,  R.  20. 

objections  to,  see  OBJECTIONS  and  COURTS. 

of  property  in  two  districts,  R.  14. 

operating  without,  punished,  L.  102. 

outside  regular  Mining  Districts,  R.  10. 

period  for  exploration,  L.  124. 

permitted  where,  L.  12. 

presumptions,  L.  115. 

proceedings  concluded  when,  L.  26.    R.  21,  31. 

proceedings  suspended,  L.  43. 

property  must  be  unlocated,  L.  12,  13.    R.  36. 

punishment  of  Agent  and  expert,  L.  98,  99,  101,  107. 

rectification  of  location,  L.  53,  55,  57,  59.    R.  47,  50. 

rectification  of  title,  L.  54-56,  58,  59.    R.  48-50. 

reduction  of,  L.  46.    R.  45,  50.    S.  3. 

refusal  of,  L.  13,  14. 

Register  of,  R.  7. 

registration  of,  L.  21. 

reinstated,  L.  32. 

report  of,  R.  7. 

report  of  expert  published,  R.  30.    S.  10. 

required,  L.  11. 

requisites  of,  petition,  L.  15,  17,  19,  20.    R.  13-17. 

same  property  covered  by  two  petitions,  L.  22. 

several,  R.  15. 

signed  by  whom,  R.  17. 

simultaneous,  L.  22. 

stamps,  deposit  to  cover,  L.  16,  18,  34,  36. 

time  required,  R.  21. 

title  annulled,  L.  116. 

title  issued,  L.  11,  49,  152.    R.  34. 

title  lapses,  L.  51. 

title  refused,  L.  50. 
DENOUNCER,  disability  of,  L.  14. 

expert  must  record  claims  of,  R.  28. 

may  not  occupy  land  without  title,  R.  24. 

nominates  expert,  R.  18-20. 

receives  map,  R.  32. 


INDEX.  61 

DEPOSIT,  for  stamps,  L.  16,  36. 
DISCOVERIES,  during  exercise  of  easement,  L.  70. 
DISTRICTS,  Fomento  determines,  L.  149.    R.  3. 
DOCUMENTS,  fees  for  copies  of,  S.  9-11. 

recording  of,  L.  82-86. 

required  for  reduction,  rectification,  etc.,  R.  50. 
DRAINAGE,  easement  of,  defined,  L.  66-68. 
DUMPS,  constitute  accessions  to  mining  properties,  L.  134. 
EASEMENTS,  Civil  Code  governs  establishment  of,  L.  77. 

courts  pass  upon  petitions  to  establish,  L.  75,  76,  107,  109,  110,  117, 
121,  122. 

defined  and  established,  L.  61-77.    R.  51,  52. 

extension  of,  L.  78. 

fees  for  imposing,  S.  7. 

Fomento  may  determine  character  of,  R.  52. 

Fomento  may  impose,  L.  72-75.    R.  51. 

illegal  exercise  of,  penalties,  L.  103. 

jurisdiction  of  courts,  L.  109. 

legal  mining,  L.  61-77. 

objections  to  granting,  L.  73-75. 

recording  of  documents  establishing,  L.  82,  84,  86. 

rules  for  using,  L.  70. 
ELECTRICITY,  easement  of  transmitting,  defined,  L.  65. 

legal  easement  of  transmission  of,  L.  61-77. 

transmission  of,  width  of  strip  for,  L.  63. 

ENCROACHMENT,  inspection  to  determine,  L.  127. 

objection  on  ground  of,  L.  8,  37. 
ERRORS,  corrected  by  Fomento,  L.  58. 
EXCESS,  defined,  L.  6. 

EXPERT,  adjoining  owners  submit  facts  to,  R.  28. 
appointed  how,  R.  18-20. 
certifies  erection  of  monuments,  R.  32. 
copy  of  appointment,  R.  22. 
criminal  responsibility  of,  L.  99. 

duties  and  powers  of,  L.  25,  100,  101,  106.    R.  18,  22,  24-29. 
easement  certified  by,  R.  51. 
extract  contains  acceptance  of,  R.  21. 
follows  denouncement,  R.  28. 
Interference  with,  L.  106,  107.    R.  22. 
maps  and  report  due,  L.  25.    R.  18,  21. 
monuments  Indicated  by,  R.  27,  28. 
new  maps  and  report,  R.  45. 
nominated  by  denouncer,  R.  18-20. 
notice  of  appointment,  R.  20. 
petitions  for  expropriation,  R.  57. 


62  INDEX. 

EXPERT — Continued. 

police  power  of,  R.  29. 

proof  of  work,  R.  24. 

punishment  of,  L.  98-101,  107. 

register  of,  R.  7. 

report  of,  R.  26,  30.    S.  10. 

responsibility  of,  L.  31. 

unlicensed,  may  be  appointed,  R.  18. 

work  of,  confers  no  rights  on  denouncer,  R.  24. 
EXPLORATIONS,  conditions  under  which  permitted,  L.  124. 

expert  certificate,  R.  53. 

fees  for  recording  permit,  8.  1. 

license  required,  L.  102. 

of  government  land,  L.  124.    R.  53,  56. 

of  private  land,  L.  124.    R.  54-56. 

permitted  only  in  unlocated  ground,  L.  124. 

petition  for  permit,  R.  55. 

preferential  right  to  denounce,  L.  70. 

substances  covered  by  the  Law,  L.  1. 

substances  not  covered  by  the  Law,  L.  2. 

under  buildings,  L.  125. 

waters,  beds  of,  L.  135. 
EXPROPRIATION,  adjudication  of  property,  L.  92,  93. 

allowed  by  Fomento,  L.  88. 

courts,  appeal  to,  by  miner,  L.  94,  107,  108,  110,  117-119,  121,  122. 

Federal  Code  of  Procedure  governs  suits,  L.  118. 

fees  payable,  S.  7. 

Fomento  passes  on  petitions,  L.  88,  89. 

objections  to,  L.  90. 

obligations  of  miner,  L.  96. 

of  surface,  L.  87-96. 

owner  of  surface  may  appeal  to  courts,  L.  91,  107,  108,  110. 

petitions  for,  L.  88.    R.  57. 

possession  decreed,  L.  89. 

possession  enforced,  L.  90,  107,  108,  110,  118. 

procedure  In,  L.  95,  117-119.    R.  58. 

recovery  of  land  by  land  owner,  L.  96. 

right  of,  L.  10,  87. 
EXTRACT,  fees  payable,  S.  2. 

publication  of,  L.  3.    R.  21. 

required  when,  R.  21. 

FEDERAL  COURTS,  jurisdiction  of,  L.  107. 
FEES,  of  Mining  Agents,  L.  35,  36,  150.    R.  12.    S.  1-14. 

Schedule  of,  P.  49. 
FOMENTO,  appeal  to,  R.  19. 

considers  objections,  R.  43. 

courts,  decisions  reported  to,  L.  122. 

easements  established  by,  L.  71-77.    R.  54. 


INDEX.  63 

FOMENTO— Continued. 

expropriation  petition,  R.  57. 

Government  Attorney  represents,  L.  121. 

hearing  on  objections,  L.  43. 

inspection  by,  L.  126. 

issues  titles,  L.  11,  49,  152.    R.  34. 

Jurisdiction  of,  R.  44. 

jurisdiction  over  Mining  Agents  and  Districts,  L.  149. 

may  institute  action  to  annul  title,  L.  116,  140. 

may  correct  errors,  L.  58. 

may  excuse  default,  L.  32. 

may  order  inspection  to  determine  encroachment,  L.  128. 

may  impose  punishment  for  malfeasance  of  Agent,  L.  101. 

may  order  suspension  of  work,  L..  130. 

may  permit  expropriation,  L.  88,  89. 

may  refuse  title,  L.  50. 

may  secure  rectification  of  location,  L.  56. 

monuments  required  by,  L.  57. 

notice  to,  of  title  acquired  by  foreigners  in  Free  Zone,  L.  143. 

objections  filed  with,  L.  43-45. 

procedure  as  to  objections,  L.  39-43.    R.  44. 

receives  all  proceedings,  L.  26. 

Regulations  issued  by  L.  153. 

replaces  lost  title,  L.  151. 

requires  monuments  on  old  mining  properties,  T.  7. 

reviews  decision  of  Mining  Agent,  L.  23,  48. 

reviews  proceedings  on  denouncement,  L.  23,  26-31.    R.  31,  32. 
FOREIGN,  corporations,  prohibited  from  owning  certain  mines,  L.  139, 
140,  142,  144. 

documents,  recording  of,  L.  86. 
FOREIGNERS,  permits  to  own  certain  mines,  L.  136-138,  140,  141,  143, 

144.    R.  59. 

FREE  ZONE,  property  in,  rights  of  foreigners,  L.  136-144.    R.  59. 
FUNDO  MINERO,  defined,  L.  5. 

GOVERNMENT  Attorney  may  intervene  in  mining  litigation,  L.  121. 
HACIENDA,  Chief  of,  appoints  Agent  when,  R.  6. 
HECTARA,  defined,  L.  4. 

IMPEDIMENTS,  Agents  may  not  act  when,  R.  8,  9. 
INSPECTION,  by  Fomento,  L.  126. 

limited,  L.  129. 

LESION,  not  recognized  in  mining  contracts,  L.  81. 
LOCAL  LAWS,  when  applied  and  how,  L.  123. 
LOCATION,  rectification  of,  L.  53-56. 

rectification  of,  on  petition  of  adjoining  owners,  L.  56. 
MAPS,  authentication  of,  fee,  S.  10. 

copies  of,  R.  25. 


64  INDEX. 

MAPS — Continued. 

copies  to  Fomento,  R.  31. 

fees  for  approval  of,  S.  10. 

fixed  point  stated  in  denouncement,  R.  16. 

how  made,  R.  24,  25. 

of  property  required,  L.  26. 

made  by  expert,  R.  18. 

must  contain  data,  R.   25. 

natural  landmarks,  R.  16. 

new,  required  when  pertenencias  reduced,  L.  52. 

reduction  of  pertenencias,  R.  45. 

requisites  of,  L.  25.    R.  18,  25. 

sent  to  denouncer,  R.  32. 

subdivision  necessitates  new,  L.  60. 

when  due,  R.  21. 
MEETING,  administrative  action,  R.  39-42. 

failure  to  attend,  constitutes  default,  L.  32,  45. 

objections  considered,  L.  39,  R.  39. 
MERCANTILE  acts,  mining,  defined,  L.  79. 
MINER,  operating  without  title  criminally  liable,  L.  102,  103. 
MINERAL,  substances  defined,  L.  1. 
MINING  AGENCY,  District  of,  L.  149,  R,  3. 

office  hours  of,  R.  7. 

sign  required,  R.  7. 
MINING  AGENTS,  see  AGENTS. 
MINING  CONTRACTS,    L.    79-86. 

lesidn  not  recognized,  L.  81. 

MINING  LAW,  effective  January   1,   1910.     T.   1. 
MINING  PROPERTY,  defined,  L.  5. 

dumps  constitute  accessions,  L.  134. 

encroachments,  L.  8,  37,  127,  128. 

inspection  of,  L.  126. 

occupation  of,  prohibited  when,  R.  24. 

operation  of,  precautionary  provisions,  L.  101,  125,  126,  129-133. 

ownership  of,  documents  recorded,  L.  3,  82,  83,  85,  86. 

rectification  of,  see  RECTIFICATION. 

reduction  of,  see  REDUCTION. 

subdivision  of,  L.  60.    R.  49,  50.     S.  5. 

taxes,  L.  145. 

tunnels,  right  to  construct,  L.  148. 

value  of,  L.  80. 

water  in,  ownership  of,  L.  9. 
MONUMENTS,  certification  of  erection  of,  R.  32. 

destruction  of,  L.  105,  107. 

erection  when  and  where,  L.  127.    R.  18,  27,  28,  32,  33. 

expert's  duty,  R.  27. 


INDEX.  65 

MONUMENTS — Continued. 

location  of,  right  of  occupancy,  R.  24. 

maintenance  of,  L.  105.    R.  33. 

new,  required,  L.  52. 

notice  to  construct,  L.  27. 

on  old  properties,  T.  7. 

required,  L.  27. 

required  when  rectification  made,  L.  57. 

rules  for  erection  of,  R.  33. 

specifications  for,  R.  27. 
NOTICES,  filed  with  postmaster,  R.  10. 

how  posted,  R.  7. 

of  appointment  of  expert,  R.  20. 

publication  of,  R.  3. 

publication  of  extract,  R.  23. 
OBJECTIONS,  collusion  of  parties,  punishment,  L.  99. 

courts  consider,  L.  40,  107,  108,  110.     R.  40,  41. 

determination  of,  L.  39,  40,  42.    R.  40,  42,  44. 

duty  of  Agents,  R.  38. 

effect  of,  L.  37,  43. 

expert  must  consider,  R.  28. 

fees  payable,  S.  8. 

filed  by  Agent,  R.  8. 

filed  when,  R.  37,  43. 

filed  with  Agent,  L.  37,  38.     R.  21,  23. 

filed  with  Fomento,  L.  44. 

Fomento  may  consider,  R.  43. 

in  court  limited  to  those  filed  before  Fomento,  L.  114. 

jurisdiction  of  Fomento,  L.  43-45.     R.  44. 

later,  duty  of  Agents,  R.  41. 

meeting  to  consider,  L.  5,  32,  39.     R.  39. 

presumptions,  L.  115. 

procedure  before  Fomento,  L.  39-43. 

proof  of,  L.  29.     R.  44. 

publication  of,  R.  38. 

publication  of  extract,  R.  23. 

punishment  for  collusion,  L.  99. 

reported  to  Fomento,  R.  31. 

time  for  filing,  L.  38.    R.  37,  41,  43. 

withdrawn  from  courts,  L.  42. 
OIL,  not  a  mineral,  L.  2. 
OLD  LAW,  rescinded,  T.  8,  9. 
OPERATION  OF  MINES,  coal  mining,  L.  133. 

encroachment,  L.  127,  128. 

illegally  exercising  easement,  L.  103. 

precautionary  provisions,  L.  101,  125,  126,  129-133. 


66  INDEX. 

OWNERSHIP,  of  mines,  L.  1-10. 

transfer  of,  L.  9. 

PASSAGE,  legal  easement  of,  L.  61-77. 
PENAL  CODE,  of  Federal  District  governs  crimes  under  mining  Law, 

L.  97. 

PENAL  PROVISIONS,  L.  97-106. 
PERMITS,  exploration,  fees,  S.  1. 

filed  with  postmaster,  R,  10. 

for  exploration,  R.  53. 

foreigners  must  obtain,  for  certain  operations,  L.  136-138,  140,  141, 

143,  144.    R.  59. 

owners  must  execute,  R.  54. 

petition  for,  R.  55. 

publication  of  extract,  R.  56. 

register  of,  R.  7,  54. 

report  of,  R.  7. 
PERTENENCIAS,  defined,  L.  4. 

Increase  of,  not  permitted,  L.  47. 

indivisible,  L.  4. 

in  one  denouncement  must  be  contiguous,  L.  19. 

number  of,  in  denouncement,  L.  15,  17. 

reduction  of,  L.  46,  52.    R.  45,  50. 
PETITIONS,  for  exploration,  R.  55. 

for  expropriation,  L.  88,  R.  57. 

report  of,  R.  7. 
POSTMASTER,  acts  when,  R.  10. 

appoints  Agent  when,  R.  6. 
POSSESSION,  given  to  miner  by  expropriation  proceedings,  L.  89. 

how  acquired,  L.  27.    R.  17. 
POWER  OF  ATTORNEY,  ratification  of,  L.  20. 

required  for  denouncement,  L.  20. 
PRESCRIPTION,  time  counted  how,  L.  147. 
PRIVATE  PROPERTY,  explorations  in,  L.  124.    R.  54-56. 

PROCEDURE,  denouncements,  L.  112-115,  117,  146,  147. 

expropriation,  L.  95,  117-119.    R.  58. 

federal  code  governs,  L.  107,  117,  120. 

rectifications,  L.  112,  113. 
PROCEEDINGS,  amendments,  Fomento  may  require,  L,  28-31. 

appeal  does  not  suspend  when  R.  11. 

continued,  T.  3. 

conclusion  of,  L.  26.    R.  21,  31. 

copies  of,  S.  9-11. 

extract,  R.  21. 

meeting  of  parties,  L.  5,  32,  39.    R.  39. 


INDEX.  67 


PROCEEDINGS— Continued. 

record  of,  R.  20,  21,  38. 

reduction  of  pertenencias,  L.  46,  52.    R.  45,  50. 

reinstatement  of,  L.  32. 

suspended,  R.  19. 

time  required,  R.  21. 

title  attached  to,  R.  34. 
PUBLIC,  interests  of,  effect  on  denouncement,  L.  50. 

land,  explorations  in,  L.  124.    R.  53,  56. 
PUBLICATION,  expropriation  petition,  L.  95.    R.  58. 

of  extract,  R.  21,  23. 

of  extract  of  permit  for  exploration,  R.  56. 

of  notice  that  title  will  be  issued,  L.  50.    R.  35. 

of  petitions  for  permits,  R.  55. 

of  reduction  of  pertenencias,  R.  45. 
RECORDING,  contracts,  L.  82-86.     T.  6. 

documents  establishing  easements,  L.  82,  84,  86. 

effect  of,  L.  85,  86. 

new,  not  required,  T.  6. 
RECTIFICATION,  denouncement  basis  for,  L.  59. 

fees  payable,  S.  4. 

of  location,  L.  53,  57,  59.    R.  47,  50. 

of  titles,  L.  54-56,  58,  59.    R.  48-50. 
REDUCTION,  documents  required,  R.  50. 

expert,  duty  of,  R.  45. 

fees  payable,  S.  3,  6. 

maps  required,  R.  45. 

of  pertenencias,  L.  46.    R.  45,  50. 

of  mining  properties,  L.  52.    R.  45,  50. 
REGISTER,  of  denouncements,  L.  21.    R.  7. 

of  documents,  L.  82,  83,  85,  86. 

of  experts,  R.  7. 

of  permits  to  explore,  R.  7. 
REGULATIONS,  authorized,  L.  153.    See  page  33. 

infraction  of,  amendment  allowed,  L.  29,  30. 

infraction  of,  'by  Agent  or  Expert,  L.  31. 

infraction  of,  constitutes  default,  L.  28. 

infraction  of,  criminal  liability  for,  L.  101. 
RIGHTS,  of  miners,  L.  7-10. 

of  miner  as  to  surface  ground,  L.  87. 
RIVERS,  mines  in,  L.  135. 
REPORT,  Agents  make,  R.  7. 

fees  for  copies,  S.  10. 

must  contain  what,  R.  26. 

must  contain  data,  R.  24. 

must  follow  denouncement,  R.  26. 


68  INDEX. 

REPORT — Continued. 

reduction  of  pertenencias,  R.  45. 
when  due,  R.  21. 

SALT,  on  surface  not  a  mineral,  L.  2. 

rock,  is  a  mineral,  L.  1. 
SCHEDULE  OF  FEES,  Page  60. 

authorized,  L.  35,  150.    R.  12. 
SPRINGS,  on  surface,  rights  of  owner,  L.  9. 
STAMP  AGENT,  appoints  Agent  when,  R.  6. 
STAMPS,  failure  to  furnish,  L.  16,  34. 

money  deposited  for,  how  used,  L.  36. 

must  be  deposited,  L.  16,  18. 
SUBDIVISION,  documents  required,  R.  50. 

fees  payable,  S.  5. 

of  mining  properties,  L.  60.    R.  49. 
SUBSTANCES,  which  belong  to  land  owner,  L.  2. 

which  may  be  mined,  L.  1. 
SUITS  AT  LAW,  L.  107-123. 

continued,  T.  4. 

SURFACE  RIGHTS,  expropriation  of,   see  EXPROPRIATION. 
SUSPENSION,  inspection  required,  L.  132. 

of  work  may  be  ordered  by  Fomento,  L.  130. 

without  official  inspection,  L.  131. 
TAXES,  amount  of,  see  page  54. 

paid  by  whom,  L.  145. 

title  lapses  for  failure  to  pay,  L.  51. 
TIME,  Mining  Agency  must  keep,  R.  7. 

running  of,  L.  146. 
TITLE,  acquisition  in  Free  Zone,  effect,  L.  141,  142. 

annulment  of,  L.  116. 

assignment  of,  L.  49. 

delivered  to  denouncer,  R.  34. 

errors  corrected,  L.  58. 

error  in  location  requires  new,  L.  54,  55,  58. 

exploitation  without,  L.  102. 

forfeiture  of,  R.  34. 

issued  to  denouncer,  L.  11,  49,  152.    R.  34. 

lapsed,  effect,  L.  13. 

lapses  for  failure  to  complete  proceedings,  T.  5. 

lapses  for  failure  to  pay  taxes,  L.  51. 

limitation  of  action  to  annul,  L.  116. 

location  of  pertenencias  does  not  confer,  R.  24. 

lost,  replaced,  L.  151. 

may  not  be  acquired  by  foreigner,  when,  L.  136-139. 

notice  of  issuance  of,  R.  34. 


INDEX.  69 

TITLE! — Continued. 

operating  without,  punished,  L.  102. 

perfection  of,  under  old  law,  T.  5. 

rectification  of  location,  L.  53,  54. 

reduction  of  pertenencias,  L.  52. 

refused  for  reasons  of  public  policy,  L.  50. 

register  of  mining,  L.  82,  83,  85,  86. 

signed  how,  L.  152. 

stamps,  on,  see  page  54. 

subdivision  necessitates  new,  L.  60. 

transfer  of,  void  when,  L.  140. 

when  issued,  L.  27. 

TRANSFER,  of  ownership  carries  water,  L.  9. 
TRANSPORTATION,  Fomento  determines  kind  required,  R.  52. 

legal  easement  of,  L.  63. 
TUNNELS,  right  to  construct,  L.  148. 
UNLOCATED,  ground,  notice  of,  L.  13.    R.  20,  36. 

reduction  in  denouncements,  R.  45. 

land  defined,  L.  12,  13. 

land  may  be  denounced,  L.  12. 
VENTILATION,  easement  of,  defined,  L.  64,  69. 
WATER,  In  mine,  ownership  of,  L.  9. 
WATERS,  public,  mines  in,  L.   135. 

springs  of,  belong  to  land  owners,  L.  2. 
ZONE  OF  EXPLORATION,  R.  53. 


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